Clarification re matters under investigation and sub-judice
The CIC has clarified that Section 8, 1, h) is only applicable if the matter is under investigation or if information disclosure will hamper the investigation.
In the same order, CIC has ruled that a mater being sub-judice is not ground for denial of information.
The exact extract is:
Provisions of Section 8(1) (h) can be applied only if the matter is under investigation or the disclosure of information would impede the process of investigation. In the present case, the investigation has already been completed and LIC has also acted on the basis of the investigation report. Therefore, provisions of Section 8(1) (h) are not applicable. In so far as the matter being sub-judice is concerned, this Commission has, time and again, held that a matter being under sub-judice is not a ground to deny the information unless covered under any other exempted provisions of the RTI Act. In view of this, I direct the CPIO to furnish a copy of the investigation report by blocking the names of witnesses. The statements/affidavits given by third parties need not be furnished as the same had been given in confidence.