CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2008/01412
Dated, the 09th March, 2009.
Appellant : Shri Girija Shankar Jaiswal
Respondents : Life Insurance Corporation of India
In response to Commission’s notice dated 27.01.2009, this matter came
for hearing on 04.03.2009. Appellant was absent when called, respondents were
represented by CPIO, Shri V.K. Singh, Manager (CRM).
2. CPIO, at the outset, explained that the present appellant is an accused in a
criminal case listed as 181/07 in the Court of ACG.III, Varanasi. He has been
asking for a variety of information from the respondents related to that case.
3. A perusal of the RTI-application of the appellant dated 17.06.2008 shows
that his queries are all related to appointment of Advocate by the LIC of India,
details about deposit of cheques and so on.
4. There is no reason why respondents should explain to this appellant how
and why they appointed an Advocate as their Counsel in the above case. This is
barred by Section 8(1)(e) of the RTI Act as the relationship between an Advocate
and the party is fiduciary, to which nobody else need be made privy.
5. As regards other items of information, it is found that these relate to an
ongoing investigation / prosecution and disclosing this information outside what
the court would provide to the parties, could amount to interfering with the
jurisdiction of the law-courts and shall also be in the nature of impeding the
ongoing process of prosecution. In that sense, these queries are barred under
Section 8(1)(h) of the RTI Act.
6. In view of the above, it is directed that there shall be no obligation to
disclose the requested information.
7. Appeal disallowed.
8. Copy of this decision be sent to the parties.
( A.N. TIWARI )
INFORMATION COMMISSIONER
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