mere existence of an investigation process cannot be a ground for refusal of the information under right to information Act
Access to information, under Section 3 of the Act, is the rule and
exemptions under Section 8, the exception. Section 8 being a restriction on
this fundamental right, must therefore is to be strictly construed. It should
not be interpreted in manner as to shadow the very right itself. Under
Section 8, exemption from releasing information is granted if it would
impede the process of investigation or the prosecution of the offenders. It is
apparent that the mere existence of an investigation process cannot be a
ground for refusal of the information; the authority withholding information
must show satisfactory reasons as to why the release of such information
would hamper the investigation process. Such reasons should be germane,
and the opinion of the process being hampered should be reasonable and
based on some material. Sans this consideration, Section 8(1)(h) and other
such provisions would become the haven for dodging demands for
information.
IN THE HIGH COURT OF DELHI
WP(C) No. 3114/2007
Decided On: 03.12.2007
Appellants: Bhagat Singh
Vs.
Respondent: Chief Information Commissioner and Ors.
