VIBHU BAKHRU
Union of India – Appellant
Versus
Manjit Singh Bali – Respondent
Certainly. Based on the provided legal document, here are the key points:
The court emphasizes that the denial of information under the RTI Act must be justified by demonstrating how disclosure would impede investigation or prosecution, and the Act should be interpreted in the interest of public order (!) (!) .
The petitioner challenged orders that directed disclosure of information related to the sanction of prosecution, asserting that such information is exempt under Section 8(1)(h) of the RTI Act (!) .
The court found that the denial of the information was not justified under Section 8(1)(h), as the petitioner failed to establish how disclosure would impede the investigation or prosecution of the offender (!) (!) .
The court noted that after the filing of a charge sheet, the investigation stage is considered over, and therefore, the exemption under Section 8(1)(h) would require the public authority to demonstrate how disclosure would still impede prosecution (!) .
The court clarified that the RTI Act is a constitutional right, and any exclusion must be reasonably construed in the context of public order and the specific provisions of the Act (!) (!) .
It was observed that information which could assist an offender in establishing innocence or pursuing a defense cannot be denied solely because it might impede prosecution; the key consideration is whether disclosure would interfere with the process of investigation or prosecution (!) (!) .
The court ruled that the information sought, which pertains to allegations of corruption and is not received from a third-party organization covered under Section 24(1), falls within the scope of the RTI Act and is not exempt (!) (!) .
The procedure of forwarding an RTI application to a third party under Section 11 was deemed inapplicable in this context, as the information relates to government departments and not third-party confidential information (!) (!) .
The court observed that the petitioner did not provide sufficient grounds or factual basis to claim that disclosure would impede the investigation or prosecution, and general assertions are inadequate (!) .
The court affirmed that the public authority's decision to withhold information must be based on concrete reasons, and mere apprehensions are insufficient to justify exemption (!) .
It was noted that the petitioner’s conduct of withholding information despite court orders could invite punitive measures under the RTI Act, and the respondent has the right to file a complaint in this regard (!) .
The petitions were ultimately dismissed, and the court held that the orders directing disclosure should be complied with, as the petitioner failed to demonstrate valid grounds for exemption (!) .
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VIBHU BAKHRU, J.
1. The petitioner (UOI) has filed the present petitions under Article 226 and 227 of the Constitution of India impugning the orders dated 20.01.2015 (impugned in W.P(C) 6341/2015) and 30.06.2017 (impugned in W.P.(C) 1803/2018) passed by the Central Information Commission (hereafter ‘CIC’) allowing the second appeals preferred by the respondent under Section 19(3) of the Right to Information Act, 2005 (hereafter ‘the RTI Act’).The said orders are, hereafter, referred to as the impugned orders.
2. By the impugned orders, the CIC has rejected the PIO‘s (Public Information Officer‘s) contention that the disclosure of the file notings pertaining to sanction of prosecution of the respondent would impede the process of investigation and, therefore, the information as sought is exempt from disclosure under the RTI Act. Accordingly, the CIC has directed the concerned PIO to provide the information as sought by the respondent.
3. The petitioner has assailed the impugned orders, essentially, on the ground that the information as sought by the respondent is exempted from disclosure in terms of Section 8(1)(h) of the RTI Act. It is further contended that the documents as
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