Central Information Commission
Mr. Brijesh Kumar vs Cbi on 10 January, 2011
Central Information Commission, New Delhi
File No.CIC/WB/A/2010/000126SM
Right to Information Act2005Under Section (19)
Date of hearing : 7 January 2011
Date of decision : 10 January 2011
Name of the Appellant : Shri Brijesh Kumar
F14, MEA Housing Complex,
Sector - 2, Dwarka,
New Delhi - 75.
Name of the Public Authority : CPIO, Central Bureau of Investigation,
Economic offences Unit - I,
Anti Corruption Branch, Block No.3,
7th Floor, CGO Complex, Lodhi Road,
New Delhi.
The Appellant was present in person.
On behalf of the Respondent, the following were present:
(i) Shri Rajeev Sharma, DIG,
(ii) Shri Keshav Mishra, SP
Chief Information Commissioner : Shri Satyananda Mishra
2. Both the parties were present and made their submissions. The Appellant had requested for the copy of the closure report in the Bofors pay off case and the copies of the documents the CBI had obtained from Sweden relating to this matter. The CPIO had informed him that no closure report had CIC/WB/A/2010/000126SM been filed and that since the documents obtained from Sweden were part of the criminal case pending for trial in the court of the Chief Metropolitan Magistrate could not be disclosed at this stage as it might adversely affect the prosecution of the offenders. In addition, during the hearing, the Respondent submitted that while obtaining these records from Sweden, the Government of India had, in an affidavit, given an undertaking that these documents and records would not be used directly or indirectly in any matter other than the prosecution for which these had been obtained. Therefore, it was submitted that disclosing these records under the Right to Information (RTI) Act would be an infringement of that undertaking and would adversely affect the friendly relationship with Sweden. While we appreciate this line of argument, we would like the CPIO to inform the Appellant about this in a speaking order.
3. Therefore, we direct him to communicate to the Appellant within 10 working days from the receipt of this order this fact in a reasoned order and to explain why these documents could not be disclosed. He must cite the appropriate provision under which the disclosure of such documents is exempted and should enclose a copy of the affidavit the GOI had filed in this regard.
4. The appeal is disposed off accordingly.
5. Copies of this order be given free of cost to the parties.
(Satyananda Mishra) Chief Information Commissioner CIC/WB/A/2010/000126SM Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Vijay Bhalla) Assistant Registrar CIC/WB/A/2010/000126SM