Issue:
Whether the certified copy of the note sheet of a case from the beginning to the issue of prosecution sanction can be provided under the RTI Act?
Background:
The Applicant vide his RTI Application dated 23.07.2015, sought the following information: 1.Whether the report vide letter no.RSVY/CE/CE & PM/55(1) 892 dated 12.02.2013 addressed to Inspector of Police, CBI, ACB, Patna by Shri DS Kapur CE cum PMRSVY project zone, CPWD, Patna in connection with the subject referred above was submitted by the CBI before the sanctioning Authority before grant of prosecution sanction. 2.The certified copy of the note sheet of the above mentioned case from the beginning to the issue of prosecution sanction may also be given for which I am ready to pay the requisite fee. CPIO denied the same under Section 2(f) and 8(1) (h) of the RTI Act, 2005. The Applicant approached the CIC. During hearing, it was submitted by the Applicant that the investigation in the matter is over and Charge-Sheet has also been submitted before Hon. Court of Law. CIC relying upon the Delhi High Court judgment in S M Lamba Vs. S C Gupta and Anr [1] held that the invocation of Section 8(1)(h) of the RTI Act 2005 is not legally tenable because investigation been concluded on the day of submission of Charge-Sheet, as such, there will no impediment of the process of investigation or apprehension or prosecution of offenders in the matter and directed disclosure of information on both the points[2]. UOI supplied information for point no.1, but for point no.2 challenged the decision before the Delhi High Court.
Before the Delhi High Court:
Before the Court, UOI submitted that: (1) The information contains data, disclosure of which would endanger the life and physical safety of persons, who are mentioned in the report of Superintendent of Police which became the basis of grant of prosecution sanction. (2) CIC misdirected and erred in not appreciating that Section 8(1) (h) is also available in case the information would impede prosecution of offenders.
Decision of Delhi High Court:
Relying on the Supreme Court’s decision in Union of India Vs. Ashok Kumar Sharma[3], in which the Supreme Court held that there was justification in the order of the Information Commissioner[4] in refusing disclosure of the copy of the note sheet for processing the decision to refer the case to Anti-Corruption Branch of CBI for investigation and that if the trial court feels it appropriate and if a prayer is made, the documents may be called by the Trail Court in accordance with law, Delhi High Court held that the Applicant can seek appropriate orders from the trial court and set aside the decision dated 29.2.2016 of the CIC.
References:
[1] S M Lamba Vs. S C Gupta and Anr ,W.P.(C) 6226/2007 dated 04th May, 2010.
[2] Shri Shiv Narain Vs. The Executive Engineer & CPIO (RTI) CPWD, File No. CIC/KY/A/2015/001238 dated 29.02.2016 [1] Union of India Vs. Ashok Kumar, CA No. 1632/2019 dated 12.2.2019.
[3] Union of India Vs. Ashok Kumar, CA No. 1632/2019 dated 12.2.2019.
[4] In its order the Information Commissioner took the view that a balanced View has to be taken in the present instance, taking into account the provisions of section 8(1) (h) of the RTI Act and the hearing wherein it was revealed that it was source information that has triggered the anti–corruption proceedings. It is clear that nothing should be done which affects the proceedings or which compromises the position of the sources of information.
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