Case Note & Summary
The case involves a challenge by the Petitioner, Shekhar Prabhudessai, Superintendent of Police (South) and Public Information Officer, against an order of the Goa State Information Commission (Respondent No.1) dated 16.08.2007. The Respondent No.2, Adv. S. S. Saudagar, had sought information under the Right to Information Act, 2005 regarding further entries in the station diary in connection with Criminal Case No. 9/2005. The Petitioner refused the information citing exemption under Section 8(1)(h) of the RTI Act, which exempts disclosure of information that would impede the process of investigation or prosecution. The Respondent No.2 appealed to the First Appellate Authority, which rejected the appeal on 03.05.2007. A further appeal to the State Information Commission was partly allowed by the impugned order, directing the Petitioner to furnish the information. The Petitioner then filed the present writ petition. The High Court, after hearing the Additional Government Advocate for the Petitioner (Respondent No.2 was served but unrepresented), held that the information sought clearly falls within the exception under Section 8(1)(h) of the RTI Act, as disclosure would impede the investigation or prosecution. The court also noted that the information could be exempt under Section 8(1)(g) (information available to a person in his fiduciary relationship) but primarily relied on Section 8(1)(h). The impugned order was quashed and set aside, and the writ petition was allowed.
Headnote
A) Right to Information - Exemption from Disclosure - Section 8(1)(h) of Right to Information Act, 2005 - Information sought regarding entries in station diary in connection with criminal case - Petitioner, Public Information Officer, refused information claiming exemption under Section 8(1)(h) that disclosure would impede investigation - State Information Commission directed disclosure - High Court held that the information sought falls within the exception under Section 8(1)(h) as it would impede the process of investigation or prosecution - Impugned order quashed (Paras 2-7).
Issue of Consideration
Whether the information sought regarding entries in the station diary in connection with a criminal case is exempt from disclosure under Section 8(1)(h) of the Right to Information Act, 2005.
Final Decision
The impugned order dated 16.08.2007 passed by Respondent No.1 is quashed and set aside. The writ petition is allowed.
Law Points
- Right to Information Act
- 2005
- Section 8(1)(h)
- exemption from disclosure of information that would impede investigation or prosecution
- station diary entries
- investigation process
