Disclosure of statements given by witnesses under RTI

Background        

The appellant sought information in connection with case FIR like, the certified copies of a written statement submitted by a person, meeting minutes, note sheets of the file pertaining to the joint meeting and criminal complaint instituted in the Court of Metropolitan Magistrate, Delhi, against the appellant. The Public Information Officer (PIO) gave a point wise reply that both the parties were heard along with the witnesses but minutes of meeting were not recorded; no particular note sheet has been prepared in the joint meeting; the query regarding the complaint was transferred to the Court under section 6(3) of the RTI Act for necessary action and denied the written statement of the witness 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; of the RTI Act.

Proceedings

During the hearing, the respondents submit that statement of a particular witness cannot be provided to the appellant as it would hamper the pending investigation into the case. The respondent also stated that various witnesses have given various statements, which are contradictory statements, if a copy of one witness is provided to the appellant it would definitely hamper the on-going investigation, which is already in a very advanced stage and the charge-sheet against the accused is likely to be filed before the Court.

View of CIC

The Central Information Commission (CIC) rejected the appeal observing that the provisions of section 8(1) (h) of the RTI Act would apply in the present case and the statement of a particular witness recorded by the Police during investigation cannot be provided to the appellant, since it may hamper the on-going pending investigation.

Citation: Mr. Babu Lal v. Delhi Police, in Case No. CIC/SS/A/2012/000011