The process of prosecution is in progress till judicial remedies have been exhausted
21 Jun, 2012Background
The appellant sought copies of records from the file of Shri Ajoy Kumar Singh pertaining to his promotion as Commissioner Income Tax (CIT), the prosecution sanction by the CBI and inspection of the files of 23 other persons, in respect of whom the department was seeking prosecution sanction from higher formations. 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; 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; 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; 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 all these cases are at various stages of prosecution before judicial authorities while in some others investigations are under progress. During the hearing, the appellant submitted that 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; 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; 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; 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; was not applicable as in the 23 cases cited, investigation was over and the matter was pending in the court of law. The PIO submitted that as per decision of the CIC in the Smt. Durgesh Kumari case [CIC/LS/A/2010/000685] it was held that if prosecution of a case was continuing, disclosure of information would impede the process of prosecution in terms of 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; 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; 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; 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. He also submitted that the Delhi High Court in [Surinder Pal Singh v. Union of India, dated 10.11.06] had held a similar position.
View of CIC
The Central Information Commission (CIC) rejected the appeal referring to the decisions quoted by the appellant where it was observed that “Since prosecution of the offender is pending and has not been completed, it cannot be inferred that divulgence of information will not impede the prosecution of the offender. The CIC upheld the exemption claimed under section 8(1) (h) of the RTI Act. Regarding the query whether a matter can be said to be under prosecution in terms of Section 8(1) (h) of the RTI Act if , in view of the pendency of the appeal in the High Court, the CIC ruled that the process of prosecution is a continuing process which can be said to be over when all judicial remedies have been fully exhausted.
Comments
Information can be denied 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; 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; 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; 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; only if it impedes the process of investigation and a process which is completed cannot be impeded by any disclosure. The issue of charge sheer or pendency of an appeal at any judicial forum does not bring the prosecution to an end.
Citation: Mr. Rakesh Kumar Gupta v. Income Tax Department, in File No.CIC/DS/A/2011/001028/RM
RTI Citation : RTIFI/2012/CIC/402
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