CIC Has Said In A Comment About CBI- Can’t Hide Any Information

CIC has said in a comment about CBI,  – Investigation agency cannot hide every information under the guise of exemption.  

CIC has said in a comment about CBI(CIC) has said in an important order that CBI cannot hide any information merely by saying that it is exempt under the Right to Information (RTI).

According to the CIC, CBI will have to justify its refusal to give information under the RTI Act.

What will be the adverse effect on the investigation or prosecution?

Information Commissioner VN Sarna said that in citing Section 8 (1) (h) relating to exemption from giving information in the RTI Act.

The CBI should clarify what would adversely affect the investigation or prosecution by making the information public.

Explain that Section 8 (1) (h) of the RTI Act allows the government authority not to make such information public, which affects the investigation or prosecution.

The RTI activist had sought information regarding the status of CBI’s preliminary inquiry into the case of MSME Development Institute based in Chennai in the application.

Reporting rules, not giving exceptions

In the case of Bhagat Singh, the Delhi High Court had clearly stated that it is not enough to just state a rule of exemption in refusing to give information by a government official.

But also to explain how this rule applies, because It is the rule to give information, and the exception is not given.

It is common practice that in many cases the CBI simply refuses to give information by citing the exemption clause, but it does not explain how the information or investigation is made public.

Sarna said that the CPIO in its reply has resorted to Section 8 (1) (h) of the RTI Act without explaining what effect the investigation or prosecution would have on the information being made public.

RTI activist S. Harish Kumar argued that the investigation process would not affect the investigation.

Agreeing to this, Sarna directed the CBI’s CPIO to give an amended reply to the applicant, to clarify how Section 8 (1) (h) of the RTI Act applies in this case. Also asked to inform the status of the investigation.