Under RTI, when is the investigation process said to be complete?

Background

The appellant sought information pertaining to the incident in connection with Yoga Shivar of Baba Ram Dev. The Public Information Officer (PIO) denied the information under section 8(1) (h) of the RTI Act stating that a case had been registered in this regard. As the matter was sub-judice before the Supreme Court of India, providing the information at this stage would impede the process of investigation and prosecution of offenders. The First Appellate Authority (FAA) directed the PIO to provide the information in connection with grant of permission by the Police for holding the Yoga Shivar.

Proceedings

During the hearing, the respondent submitted that the directions of the FAA were complied with by the PIO. The respondent also stated that investigation was now complete and charge-sheet has been filed.

View of CIC

The Central Information Commission (CIC) directed the PIO to provide the requisite information to the appellant observing that the information as sought for will no longer impede the process of investigation and therefore, provisions 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; do not apply.

Comments

The CIC has dithered on taking a stand whether filing of the charge sheet can mean an end to the investigation.

Citation: Mr. Gaurav Agarwal v. Delhi Police Central District in Case No. CIC/SS/A/2012/000590