Chief information commissioner Dr Suresh Joshi passed the order on June 11 following an application filed by former director general of police (housing) Rahul Gopal.
Once a case is made and investigations completed, charge sheet and other relevant material filed in the court, then that information can be given to an applicant under the Right to Information Act (RTI), 2005. This was ruled by chief information commissioner Dr Suresh Joshi.
Joshi passed the order on June 11 following an application filed by former director general of police (housing) Rahul Gopal.
Gopal had sought information under RTI through his application in March 2009 from the state home department, which was denied to him.
He had sought certified copies of the report filed by the then director of anti-corruption bureau (ACB) to the state government explaining interception (tapping) of two mobile and two land line numbers. He also sought the reason that lead to the application Indian Telegraph Act 1885 (of occurrence of public emergency and safety interest) due to which the tapping was conducted.
The former officer also wanted to know whether the permission of additional chief secretary (home) was sought by the ACB for the interception as required.
The public information officer (PIO) of the home department had declined the information saying it would impede the
investigations, but gave a wrong section to the reason.
Dissatisfied with the denial when the applicant approached the first appellate authority (FIA), it upheld the order of denial of information.
Finally, he approached the information commission in August 2009. “There is no point keeping information that has been provided to the court and the charge sheet filed. Section 8(1) cannot be accepted for rejecting information when investigations are complete. The commission did not find it agreeable that revealing the said information would vitiate the prosecution commission. Hence, I decided that the applicant should get the information,” said Joshi.
The PIO was directed to submit all the desired information within 15 days.
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