Central Information Commission, New Delhi
File No.CIC/WB/C/2010/000479SM
Right to Information Act2005Under Section (19)
Date of hearing : 2 February 2011
Date of decision : 2 February 2011
Name of the Appellant : Shri Ravinder Kumar Singh
Superintendent of Police, 18/87,
Indira Nagar, Lucknow, U.P.
Name of the Public Authority : CPIO, Central Bureau of Investigation,
Anti Corruption Branch,
Sector 30A, Chandigarh.
The Appellant was not present in spite of notice.
On behalf of the Respondent, the following were present:
(i) Shri S.P. Singh, Sr.SP,
(ii) Shri Satish
Chief Information Commissioner : Shri Satyananda Mishra
2. In spite of notice, the Appellant was not present in the Lucknow studio of
the NIC. The Respondents were present in the Chandigarh studio.
3. The Appellant had sought the photocopies of the opinion given by the
legal adviser in a particular case pending trial against him. The CPIO had
denied the information. During the hearing, it was argued that the desired
CIC/WB/C/2010/000479SM
documents contained the evaluation and assessment of the strength and
weakness of the case and the strategy to be adopted by the CBI for prosecuting
the offenders including the Appellant. It was also argued that the disclosure of
this information when the trial was on would impede the prosecution of the
offenders by exposing the strategy of the CBI in the matter. They pleaded
exemption in terms of Section 8(1) (h) of the Right to Information (RTI) Act.
4. We tend to agree with the contention of the Respondents. The desired
information, if disclosed, has clear potential of impeding the prosecution of the
offenders and, therefore, cannot be disclosed in terms of the above provision.
5. The appeal is thus not allowed.
6. 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)
Deputy Registrar
CIC/WB/C/2010/000479SM