information related to corruption be provided

Kamta Prasad Mishra vs The Madhya Pradesh State ... on 20 December, 2021
Author: Sheel Nagu W.P. No.1575/2021 -1- The High Court of Madhya Pradesh W.P. No.1575/2021 (KAMTA PRASAD MISHRA Vs THE MADHYA PRADESH STATE INFORMATION COMMISSION AND OTHERS) Jabalpur, Dated: 20/12/2021
 
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9. From the aforesaid, it is evident that Lokayukt organization is not one of the organizations mentioned in Second Schedule. Be that as it may, a close scrutiny of proviso to Sec.24(1) carves out an exception to the same by laying down that the information pertaining to allegations of corruption and human rights violations shall be immune from the prohibitive character of Sec.24.

10. The present case relates to allegation of corruption against petitioner, therefore, in the considered opinion of this Court, proviso to Sec.24(1) renders all information/material related to the said allegation against petitioner are liable to be supplied under the RTI Act, 2005.

11. The decision of Apex Court in Subhash Chandra Agrawal (supra) relied upon to deny information/documents to petitioner does not assist the respondents. Clause (h) of Sec.8(1) categorizes three instances in regard to which there is no obligation to supply information/documents. These three instances are when supply of information/documents obstructs the process of investigation; (i) process of investigation, (ii) obstructs apprehension (process of arrest of accused), and (iii) obstructs prosecution of offenders.

12. Investigation in the instant matter is over as it is admitted by respondent No.1 in the reply. As regards apprehension/arrest of accused, the petitioner is enjoying liberty on being granted benefit of bail, therefore, this second aspect also is not applicable. The third and the last is "prosecution of offenders", which in the considered opinion of this Court also would not apply to the present case since trial is pending and supply of information/documents in regard to process of investigation would not be prejudicial to the W.P. No.1575/2021 trial/prosecution.

13. From the aforesaid discussion, it is evident as day light that the information and documents sought by petitioner were not exempted u/S.8(1)(h) of RTI Act, 2005, and thus, it was obligatory on the respondents to supply the same to petitioner.