Certified Copies Of Answer Scripts Written By Applicant Can Be Provided Under RTI Act During Ongoing Criminal Investigation: Karnataka High Court

The Member Secretary of APP Cum AGP Recruitment Committee, and the Director of Prosecution had approached the court questioning the order dated 30th June, 2016, by which the Commission had allowed the second appeal filed by G. Vijaya Kumar (respondent No.2 herein) and directed the authorities to provide certified copies of the Answer Book-let (Main Examination) held on 31-08-2013 and 01-09-2013 written by him.

Government Advocate BV Krishna submitted that in view of the matter being investigated by the Lokayukta police and the original answer scripts having already been seized by the Lokayukta police, the grant of certified copy of the answer scripts of the respondent No.2 to him, would impede the process of investigation.

He argued that the information sought falls within the exemption under Clause(h) of sub-Section(1) of Section 8 of the Right to Information Act, 2005.

Advocate Raja Shekar K, appearing for the Commission, submitted that Kumar had merely sought for certified copy of the answer scripts and since the originals are already in the custody of the Lokayukta, granting of a copy of the same will in no way impede the investigation.

Court findings:

The bench referred to Section 8(1)(h) which reads thus: (h) Information would impede the process of investigation or apprehension or prosecution of offenders.

It noted that the entire original answer scripts including that of Kumar has already been seized by the Lokayukta police in proceedings in Crime No.59/2015. Therefore, it observed that grant of certified copy of the answer scripts from the xerox copy maintained by the petitioners would in no way impede the process of investigation.

It added, "Respondent No.2 is not seeking the copy of the answer scripts of any other candidate but of his own."

Following which it held, "In that view of the matter, I do not find any ground to interfere with the order passed by respondent No.1 who has only permitted respondent No.2 to make an inspection of the same. Accordingly, this writ petition lacks merits, and it is dismissed."

Case Title: THE MEMBER SECRETARY OF A P P CUM AGP RECRUITMENT COMMITTEE v. THE KARNATAKA STATE INFORMATION COMMISSION

Case No: WRIT PETITION NO.57977 OF 2016

Citation: 2022 LiveLaw (Kar) 134

Date of Order: 13TH DAY OF APRIL, 2022

Appearance: AGA B.V.KRISHNA for petitioners; Advocate RAJASHEKHAR K, for R1

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