File notings relating to sanction of prosecution to be disclosed after completion of process

Background

The appellant sought a variety of information concerning both the sanction of prosecution in respect of IAS/IPS/IFS officers and about the implementation of the RTI Act. The Public Information Officer (PIO) transferred parts of his request to the respective PIOs and replied to the appellant about the cases pending for sanction of prosecution of IAS officers. The PIO refused to disclose the copies of the file noting as being exempt under section 8(1)(g) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; and 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.

View of CIC

The Central Information Commission held that once the prosecution is over and the competent court has passed its orders, the copies of the file noting relating to the sanction of persecution should be disclosed without any fear of such information impeding the prosecution of the offender. Invoking the provisions of section 8(1)(g) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; can be justified only if there is anything on record to believe that the disclosure of the information would result in the identification of the source of information or assistance given in confidence or would endanger the life or physical safety of any person. As the respondents could not bring any on record which could justify such apprehension, the Commission directed the PIO to provide the photocopies of the relevant file noting in which the prosecution is now over to the appellant. The Commission observed that the PIO may withhold the names of individuals, if mentioned in the file noting, who might have provided any information in confidence.

Citation: Shri Krishan Lal Mittal v. Department of Personnel, Public in Grievances & Pension in File No.CIC/SM/A/2011/000682 & 1790