Central Information Commission, New Delhi
File No.CIC/WB/A/2010/000133SM
Right to Information Act2005Under Section (19)
Date of hearing : 10 January 2011
Date of decision : 10 January 2011
Name of the Appellant : Shri Bal Kishan
Director (Radio & Satellite),
Telecommunication Engineering Centre,
Room No. 655, Khurshid Lal Bhawan,
Janpath, New Delhi.
Name of the Public Authority : CPIO, Central Bureau of Investigation,
Near Gokulji Ki Pyau, Lal Sagar,
Magra Punjala, Jodhpur - 342 304.
The Appellant was not present in spite of notice.
On behalf of the Respondent, Shri O.P. Gaur, CPIO was present.
Chief Information Commissioner : Shri Satyananda Mishra
2. We heard this case through video conferencing. In spite of notice, the
Appellant was not present. The Respondent was present in the Jodhpur studio
of the NIC. We heard his submissions.
3. The Appellant had wanted the copy of the report of the public prosecutor
in the case filed against Shri Bal Kishan. The CPIO had declined the
information by claiming exemption under Section 8(1) (h) of the Right to
CIC/WB/A/2010/000133SM
Information (RTI) Act on the ground that this case was pending trial before the
Court of the Special Judge, CBI. The Respondent submitted that the report of
the public prosecutor contained details about the case for the prosecution
including the strategy proposed to be followed for bringing the offender to book
and, if disclosed, this could have an adverse effect on the prosecution of the
offender. We tend to agree with this line of argument. The copy of the report of
the public prosecutor cannot be disclosed while the trial is still on for the above
reason. In fact, the trial court can always call for this and other such records if it
feels necessary.
4. The appeal is disposed off accordingly.
5. Copies of this order be given free of cost to the parties.
(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/2010/000133SM