Disclosure of reports submitted by Forensic Lab to the CBI under RTI

Background        

The appellant sought the copies of a large number of Central Forensic Science Lab (CFSL) reports submitted to the CBI in connection with some case. The Public Information Officer (PIO) denied the information under section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; stating that the disclosure of the information might affect the investigation/prosecution in the. The first Appellate Authority (FAA) cited a CIC order [CIC/SM/A/2011/001210] and endorsed the decision of the PIO.

View of CIC

The Central Information Commission (CIC) observed that the reports submitted by the CFSL to the CBI are part of records of the CBI and are to be used for investigation/prosecution of various cases. By disclosing such reports under the Right to Information (RTI) Act, the CSFL can jeopardize and impede the process of investigation/prosecution of any case. The Commission advised the appellant to approach the CBI to seek copies of such reports and the CBI may consider giving him copies of the reports if the investigation and prosecution in the relevant case have already been completed and the entire legal process has come to an end. The appellant had also sought about the type and quantity of magnetic tape purchased by the laboratory in the month of June 2006. The respondent explained that such details might not be held by the laboratory. The Commission directed the PIO to look for the records and provide the copy of the purchase documents and if no such records exist, the appellant should be informed about its non- availability.

Citation: Mrs. Vijay Bala v. Central Bureau of Investigation, Central Forensic Science Lab. in File No.CIC/SM/A/2011/001210