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2021 Supreme(Mad) 2698

S. M. SUBRAMANIAM
Gulab Singh Rana – Appellant
Versus
Central Public Information Officer, Indian Overseas Bank, Chennai – Respondent


Advocates Appeared:
For the Petitioner:S. Sathiaseelan, Advocate.
For the Respondents:R. Manimuthu, Advocate, K.Srinivasan, Special Public Prosecutor [For CBI], K. Venkataswamy Babu, Central Government Standing Counsel.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The Right to Information (RTI) Act generally grants citizens the right to access information held by public authorities, with certain exemptions aimed at protecting public interest, investigations, and confidentiality (!) (!) .

  2. Exemptions under Section 8(1)(h) of the RTI Act allow authorities to deny information if its disclosure would impede the process of investigation, apprehension, or prosecution of offenders. However, such exemption requires the authority to provide satisfactory, reasonable, and material reasons for the claim that disclosure would hamper the investigation or prosecution (!) (!) .

  3. The scope of the exemption is to prevent the paralysis of ongoing investigations or legal proceedings, safeguarding the integrity of criminal and disciplinary processes. The subjective satisfaction of the competent authority is a crucial factor in determining whether information can be withheld (!) (!) .

  4. Once investigations are completed and charge sheets are filed, the justification for withholding certain information diminishes, and such information may need to be disclosed unless it specifically impedes ongoing proceedings (!) (!) .

  5. Information related to allegations of corruption and human rights violations, especially in organizations established by the government but listed in the Second Schedule, are generally not excluded from disclosure, particularly when such information pertains to completed investigations or is relevant for transparency and accountability (!) (!) (!) .

  6. Exemptions based on the nature of the organization (e.g., intelligence or security agencies) depend on whether the information relates to core functions or sensitive activities. Information that does not touch upon sensitive or confidential activities and relates to allegations of corruption or human rights violations should not be withheld (!) (!) .

  7. The law emphasizes that the exemption clauses should be narrowly construed and that the fundamental right to information is a constitutional right, subject to reasonable restrictions for public interest, investigation integrity, and confidentiality (!) (!) .

  8. The power to exempt organizations from the RTI Act is limited and must be exercised within the framework of the law, ensuring that information related to corruption or human rights violations remains accessible unless it directly hampers ongoing investigations or prosecutions (!) (!) .

  9. The principles of transparency and accountability advocate for the disclosure of information that can dispel favoritism, nepotism, or arbitrariness, especially when such information is not of a confidential or sensitive nature (!) (!) .

  10. Overall, the legal framework encourages a balanced approach where the rights of information seekers are recognized, but the need to protect the integrity of investigations, criminal proceedings, and sensitive organizational functions is equally upheld. Decisions to deny information must be well-reasoned and based on material facts, with a focus on preventing interference with ongoing processes (!) (!) (!) .

Please let me know if you need further elaboration or specific legal advice regarding this document.


JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 4th respondent in Second Appeal No. SA/ UG/ 15/ f9219ydtm in File No.CIC/SH/A/2015/001081 dated, 21.7.2016 and to quash the same consequently, direct the 1st and 3rd respondents to provide the point-wise information sought for by the petitioner vide, RTI Application dated, 30.9.2014.)

1. The writ on hand has been instituted, questioning the legality of the findings arrived by the 4th respondent/The Central Information Commission in order 21.07.2016 and to direct the respondents 1 and 3 to provide point wise information sought for by the petitioner vide Right to Information Act (RTI Act, 2005) application dated 30.09.2014.

2. The petitioner was working as General Manager, in Marketing Department, Indian Overseas Bank (IOB), Central Office at Chennai. The Central Bureau of Investigation (CBI), Bank Securities and Fraud Cell at New Delhi, has registered an F.I.R on 23.02.2012 and arrayed the petitioner as accused No.12 for the alleged offences under Section 120B read with 420, 467, 468 and 471 of I.P.C and under Section 1

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