Central Information Commission, New Delhi
File No.CIC/WB/A/2010/000231SM
Right to Information Act2005Under Section (19)
Date of hearing : 7 January 2011
Date of decision : 7 January 2011
Name of the Appellant : Shri Om Prakash Maglani
180, Ram Nagar Extn.,
Near Krishna Nagar,
Delhi - 110 051.
Name of the Public Authority : CPIO, Central Bureau of Investigation,
Anti Corruption Branch, Block No.4,
CGO Complex, Lodhi Road, New Delhi.
The Appellant was present along with Shri D.D. Sharma.
On behalf of the Respondent, Shri N.M. Singh, Sr. SP, CBI was present.
Chief Information Commissioner : Shri Satyananda Mishra
Decision Notice
Appeal allowed
Elements of the decision:
CPIO is directed to provide information.
2. Both the parties were present and made their submissions. The
Appellant had sought a number of details including records relating to a criminal
case filed by the CBI against two individuals. The CPIO had provided some of
the information but had refused to disclose the records relating to the locker
number 630 and its contents by claiming that the matter was pending trial and
CIC/WB/A/2010/000231SM
was, therefore, exempted from disclosure under Section 8(1) (h) of the Right to
Information (RTI) Act. The Appellate Authority had also endorsed this decision.
3. During the hearing, the Appellant submitted that he required this
information in connection with a case he has filed before the High Court. The
Respondent argued that these records were part of the case which the CBI had
filed before the competent court and the disclosure of this information at this
stage when the trial was pending could impede the prosecution of the
offenders. Out of the three queries, two are in the nature of purely factual
details, such as, the name of the holder of the locker number 630 and the date
on which the said locker was sealed. We do not seem particularly how the
disclosure of these factual details can have any adverse effect on the
prosecution. However, his third query is regarding the contents of the locker. As
the Respondent clarified, the disclosure of the contents of the locker during the
pendency of the trial of the case could have adverse effect on the trial itself
since this material could be put to use against the prosecution. He further
argued that, in any case, the trial court was seized of the matter and any relief
should be sought from the trial court itself. We are inclined to agree with this
line of argument.
4. Thus, only two pieces of information need to be disclosed as stated
above, namely, the name of the holder of the locker as well as the date on
which the locker had been sealed. We direct the CPIO to provide this
information to the Appellant within 10 working days from the receipt of this order
along with the photocopies of any relevant record.
5. The appeal is disposed off accordingly.
6. Copies of this order be given free of cost to the parties.
CIC/WB/A/2010/000231SM
(Satyananda Mishra)
Chief Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges prescribed under the Act to the CPIO of this
Commission.
(Vijay Bhalla)
Assistant Registrar
CIC/WB/A/2010/000231SM