RTI application should be filed to the authority which holds the information
6 Jul, 2012Background
The applicant filed an application under RTI Act with the Forensic Science Laboratory (FSL) seeking the copy of photographs and signature taken by FSL in a case. The Public Information Officer (PIO) informed the appellant that the case was examined by FSL on the directions of the High Court of Delhi and the photographs were prepared by the official of Finger Print Bureau, Delhi Police. As per practice, the laboratory does not provide any copy of examined documents but the same can be obtained from the concerned High Court or Investigating Agency. The First Appellate Authority (FAA) noted that the case was pending in the High Court of Delhi and that the report has already been submitted to the Court, the information cannot be disclosed as per RTI Act as disclosure of information sought attracts restrictions against disclosure given in the above provisions of law.
View of CIC
During the hearing, the appellant and respondent admitted that the High Court of Delhi is already seized of the subject matter. The Central Information Commission (CIC) rejected the appeal and advised the appellant to obtain the information from the Court after following the procedures laid down for obtaining such information.
Citation: Mr. Indur Bablani v. Forensic Science Laboratory, in File No: CIC/AD/A/2012/000928
RTI Citation : RTIFI/2012/CIC/440
Click here to view original RTI order of Court / Information Commission