Authority can not refuse to provide information under RTI on ground that investigation is pending

Whether authority can refuse to provide information under RTI on ground that investigation is pending?

 Access to information, under Section 3 of the Act, is the rule and exemptions under Section 8, the exception. Section 8 being a restriction on this fundamental right, must Therefore is to be strictly construed. It should not be interpreted in manner as to shadow the very right itself. Under Section 8, exemption from releasing information is granted if it would impede the process of investigation or the prosecution of the offenders. It is apparent that the mere existence of an investigation process cannot be a ground for refusal of the information; the authority withholding information must show satisfactory reasons as to why the release of such information would hamper the investigation process. Such reasons should be germane, and the opinion of the process being hampered should be reasonable and based on some material. Sans this consideration, Section 8(1)(h) and other such provisions would become the haven for dodging demands for information.

IN THE HIGH COURT OF DELHI

WP(C) No. 3114/2007

Decided On: 03.12.2007

Bhagat Singh Vs. Chief Information Commissioner and Ors.

Hon'ble Judges/Coram:
S. Ravindra Bhat, J.

Citation: 2007 SCC ONLINE DEL 1607