Section 8(1)(h) of the RTI Act cannot be applied if PIO fails to provide justifications.

[ambrish.p]

Section 8(1)(h) of the RTI Act exempts, “information which would impede the process of
investigation or apprehension or prosecution of offenders;” but it cannot be applied if PIO fails to provide justifications.

" The PIO has given certain information but has refused to give the notings relating to the
investigation. The PIO states that he denied this information claiming exemption under Section 8(1)(h) of
the RTI Act. Section 8(1)(h) of the RTI Act exempts, “information which would impede the process of
investigation or apprehension or prosecution of offenders;”. The Commission notes that most PIOs are
applying the exemptions without providing justifications for these exemptions, consequently unnecessarily
appeals come before the Commission. The Commission asked the PIO if he felt it would justify the claim
that providing the notings of the investigations to the appellant were likely to result in impeding the process
of investigation. It is obvious that the appellant’s interest is to aid and expedite an investigation and not to
impede it. The PIO agrees with this and states that he will provide the information. "

http://www.rti.india.gov.in/cic_deci...69_M_86317.pdf