Delhi HC: Give cogent reasons for denying information under RTI in ongoing case

The Delhi high court has said that whenever information is sought under the right to information (RTI) in a pending criminal case, “cogent reasons” have to be given by a public authority for denying information and explain as to how and why the investigation will get hampered by giving the details.

Justice Jayant Nath made the remarks while hearing a plea by a government employee, accused of impersonation, cheating and bribery in 2012 by the Central Bureau of Investigation (CBI).

The man had challenged an order of the Central Information Commission (CIC) on January 15, 2018 where he was denied certain information that he had sought regarding his case pending in the Patiala House Court.

“….cogent reasons have to be given by the public authority as to how and why the investigation or prosecution will get impaired or hampered by giving the information in question,” justice Nath said in his order of February 5.

A case was registered against the man on May 5, 2012 on the allegation of criminal conspiracy of cheating by impersonation, demand of illegal gratification and misuse of official position. He was taken into custody and was later released on bail on May 25, 2012.

He was also suspended from service on May 24, 2020 in accordance with the Central Civil Services (Conduct) Rules, (CCS Rules, 1965). The suspension was subsequently revoked on March 10, 2015 on the recommendations of the Suspension Review Committee.

Both the CBI and the departmental enquiry against the man have not attained finality. During this time, he filed an RTI application on Sep 5, 2016 posing 25 queries seeking details of the officer conducting the information and related documents to his case.

However, it was dismissed by the Central Public Information Officer (CPIO) and later the CIC stating that the case is pending trial.

On Feb 5, the high court, while deciding his challenge to the CIC’s order said that no attempt has been made by CIC to show as to how giving the information sought for would hamper the investigation and the on-going disciplinary proceedings.

“The impugned order concludes that a charge-sheet has been filed in the criminal case by the CBI but in the disciplinary proceedings the matter is still pending. … No reasons are spelt out as to how the investigation or prosecution will be hampered,” the judge said in his 12-page order.

Also Read: 73 nominations filed for Delhi civic bypolls

The court also noted that the RTI application given by the man is “vague” and “confusing”. It said that the entire focus of the application is on the name of the officer who has been directed to support the probe of the investigating agency.

“Numerous queries are raised regarding the said alleged officer who has been directed to support the investigation of the investigating agency,” it said.

It quashed the order of CIC and remanded the matter back to it for fresh consideration in terms of the noted legal position.