W.P.(C) 3543/2014 ADESH KUMAR versus UNION OF INDIA & ORS
1. W.P.(C) 3543/2014 ADESH KUMAR versus UNION OF INDIA & ORS
THE HIGH COURT OF DELHI AT NEW DELHI in W.P.(C) 3543/2014 ADESH KUMAR versus UNION OF INDIA & ORS. on: 16.12.2014 held that
. It is apparent from a bare perusal of the CIC’s order that it does not indicate the reasons that persuaded the CIC to uphold the view of the Public Authority that the disclosure of information sought by the petitioner would impede prosecution of the petitioner. A co-ordinate Bench of this Court in the case of B.S. Mathur v. Public Information Officer of Delhi High Court: W.P.(C) 295/2011, decided on 03.06.2011 had considered the contention with regard to withholding information under Section 8(1)(h) of the Act and held as under:- “
19. The question that arises for consideration has already been formulated in the Court’s order dated 21st April 2011: Whether the disclosure of the information sought by the Petitioner to the extent not supplied to him yet would “impede the investigation” in terms of Section 8 (1) (h) RTI Act? The scheme of the RTI Act, its objects and reasons indicate that disclosure of information is the rule and non-disclosure the exception. A public authority which seeks to withhold information available with it has to show that the information sought is of the nature specified in Section 8 RTI Act. As regards Section 8 (1) (h) RTI Act, which is the only provision invoked by the Respondent to deny the Petitioner the information sought by him, it will have to be shown by the public authority that the information sought “would impede the process of investigation.” The mere reproducing of the wording of the statute would not be sufficient when recourse is had to Section 8 (1) (h) RTI Act. The burden is on the public authority to show in what manner the disclosure of such information would ‘impede’ the investigation.