show a justification with reference to one of the specific clauses under Section 8 (1) of the RTI Act

Delhi High Court

CIC/Legal/2009/201

CIC Order No : CIC/SG/A/2009/002302

Operative Section : Section 8(1) of the RTI Act.

Brief of CIC Order :

Commission while allowing The appeal directed the PIO to provide information to the appellant.

Writ Petition No : 12428/2010, Delhi High Court.

Issue :

Whether the Commission was justified in allowing the appeal.

Brief of Court Order :

Court while upholding the order of the Commission dismissed the petition while observing,

―This Court is inclined to concur with the view expressed by the CIC that in order to deny the information under the RTI Act the authority concerned would have to show a justification with reference to one of the specific clauses under Section 8 (1) of the RTI Act. In the instant case, the Petitioner has been unable to discharge that burden. The mere fact that a criminal case is pending may not by itself be sufficient unless there is a specific power to deny disclosure of the information concerning such case. In the present case, the criminal trial has concluded. Also, the investigation being affected on account of the disclosure information sought by the Respondent pertains to his own case.

No prejudice can be caused to the Petitioner if the D.D. entry concerning his arrest, the information gathered during the course of the investigation, and the copies of the case diary are furnished to the Respondent. The right of an applicant to seek such information pertaining to his own criminal case, after the conclusion of the trial, by taking recourse of the RTI Act, cannot be said to be barred by any provision of the CrPC. It is required to be noticed that Section 22 of the RTI Act states that the RTI Act would prevail notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 and any other law for the time being in force‖.

Status : Disposed of on 15.12.2010