CBI’s Enquiry Report Exempted From Disclosure Under RTI Act, Will Impede Ongoing Investigation Process: Delhi High Court

The Delhi High Court has observed that the enquiry report of the Central Bureau of Investigation regarding investigation in a case is exempted from disclosure under Section 8(1)(h) of the Right to Information Act.

“Section 8(1)(h) of RTI Act specifically exempts such information which will impede the process of investigation revealing a copy of the entire report of the CBI. Further, if such information falls in the hands of other offenders, it will certainly impede an ongoing investigation process,” Justice Subramonium Prasad said.

The court made the observations while dismissing a plea moved by a former officer of Indian Audit & Accounts Service against whom a show cause notice was issued by the CBI while investigating a case relating to alleged irregularities in National Spot Exchange Limited.

The show cause notice alleged that the petitioner had shown undue favour to NSEL by participating in the act of “relaxing and diluting of the draft forwarded by FMC for appointment as designated agency” for regulating spot exchanges. It was alleged that the petitioner’s action had resulted in FMC being appointed despite not being sufficiently empowered to take effective action against spot exchange.

The petitioner filed an RTI application seeking copy of the enquiry report of CBI along with copies of notings recorded at various levels while processing the said report, copy of action taken report, copies of noted and correspondence and copy of the final orders passed by Minister of Finance on the action proposed by CBI.

The CPIO of Ministry of Finance denied the information on the ground that it was exempted under Section 8(1)(h) of the RTI Act. The first appeal against the said order was also dismissed.

The petitioner then approached the Central Information Commission which rejected the appeal holding that the information sought could not be provided under Section 8(1)(h) of the RTI Act. It was further held that as the CBI was an organisation exempted from the operation of RTI Act under Section 24, the information sought for by the Petitioner could not be provided.

Upholding the CIC order, Justice Prasad observed that the information sought by the Petitioner would impede the investigation conducted by CBI involving a large scale fraud, including many accused.

“A perusal of the SCN reveals that answers to the action of the Petitioner is called for conducting a departmental inquiry. The CBI looking into the report would not be very relevant in answering the issues raised in the SCN issued against the Petitioner,” the court said while dismissing the plea.

Advocates Vidya Sagar and Amolak appeared for the petitioner.

Rahul Sharma, Central Government Counsel (Senior Panel) and Advocate C.K. Bhatt appeared for the Union of India.

Title: BRIJ MOHAN v. CENTRAL INFORMATION COMMISSION & ORS

Citation: 2023 LiveLaw (Del) 935

Click Here To Read Order