Delhi HC says public authority should give reasons why disclosures can affect investigation, dismisses CIC request

9th Feb,2021

Delhi HC says public authority should give reasons why disclosures can affect investigation, dismisses  CIC request

The Delhi High Court has repeated that the public power bears the weight of demonstrating revelation of data can block examination while excusing a Central Information Commission (CIC) order.The Delhi High Court emphasised that where a "public position" takes plan of action to Section 8(1)(h) of the Right To Information Act to retain data, the weight is on the "public power" to show that in what way divulgence of such data could obstruct the examination.

Equity Jayant Nath of the Delhi High Court said the lawful situation as settled by this court is that apt reasons must be given by the public authority concerning how and why the examination or arraignment will get debilitated or hampered by giving the data being referred to.

The Section 8(1)(h) of the Right to Information (RTI) Act, 2005, peruses as follows:-
"Segment 8. Exception from revelation of data.- (1) Notwithstanding anything contained in this Act, there will be no commitment to give any resident, –
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(h) data which would hinder the cycle of examination or misgiving or arraignment of guilty parties;
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The Court noticed that in the reviled request of CIC, there is no endeavour made at all to show with respect to how giving the data looked for would hamper the examination and the on-going disciplinary procedures. The criticised request presumes that a chargesheet has been documented in the criminal case by the CBI yet in disciplinary procedures, the matter is as yet forthcoming that is the reason Section 8(1)(h) is pulled in and data can't be given. No explanation are explained with respect to how the examination or arraignment will be hampered.

The Court likewise noticed that applicant has additionally stifled material and indispensable realities in his writ request which could be determined by the upbraided request of the CIC.

"The condemned request of the CIC shows that there are not kidding and grave claims and procedures including the criminal procedures and departmental procedures forthcoming against the solicitor," said the Court.