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Thread: Clarification re matters under investigation and sub-judice

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    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.

    Full decision can be viewed at:

    http://cic.gov.in/CIC-Orders/Decision_28052007_10.pdf



  2. Re: Clarification re matters under investigation and sub-judice


    The news article posted by Ganpat can also be seen for reference here:
    http://www.rtiindia.org/forum/rti-ne...ation-act.html

    and another case law which demarcates the meaning of 'investigation' may be used for reference purpose.

    http://www.rtiindia.org/forum/appeal...formation.html

  3. Thumbs up Re: Clarification re matters under investigation and sub-judice


    Decision in Appeal no 522/ICPB/2007 on 28.2.2007 is a l landmark judgement by CIC. Hats off to the transparency under RTI Act 2005.

  4. Re: Clarification re matters under investigation and sub-judice



    Please help me with a copy of this CIC decision in Appeal no 522/ICPB/2007 on 28.2.2007 last.

  5. Re: Clarification re matters under investigation and sub-judice


    can anybody tell me- can i access evidence on record of afzals case and if yes to whom should i write?

  6. Re: Clarification re matters under investigation and sub-judice


    Dear Debashis,

    The CIC decision is available in the following link:

    http://cic.gov.in/CIC-Orders/Decision_28052007_10.pdf


  7. Re: Clarification re matters under investigation and sub-judice


    Thanks.

    I have read this CIC order of 28 May 2007. In your posting the date was 28 February 2007. Hence I had confusion.

  8. Thumbs up Re: Clarification re matters under investigation and sub-judice


    Good , Central Information Commission and RTI Act 2005 -Keep it up to bring transpatrency in the country

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