Central Information Commission
Jitender Garg vs Indian Army/Cbi on 22 February, 2010
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/SM/C/2009/001010/LS
Jitender Garg Vs Indian Army/CBI
Dated : 22.2.2010
This is in continuation of this Commission's proceedings dated 13.1.2010. As scheduled, the matter is called for hearing today dated 22.2.2010. The appellant is represented by Advocate Jitender Garg. Army is represented by Shri Amitabh Mukheerjee. CBI is represented by Shri M.M. Oberoi, DIG; Shri Sanjay Kumar, SP & Shri D.S. Chauhan, Inspector. Shri Oberoi submits a written representation which is taken on record and copy thereof provided to the appellant's counsel. It is Shri Oberoi's submission that copy of the SP's report can not be provided to the appellant on the following grounds :-
(i) that the CBI has filed two charge-sheets and also two complaints in the matter and further investigation is still continuing and, therefore, section 8 (1) (h) of the RTI Act is applicable;
(ii) that further investigation is still continuing which again attracts section 8 (1) (h);
(iii) that the Hon'ble Delhi High Court had ordered providing copies of certain documents to the appellant but the said order has been stayed by Hon'ble Supreme Court of India, meaning thereby that so long as the stay prevails, no documents can be provided to the appellant; &
(iv) that SP's report is not a relied upon documents by the CBI and, therefore, the appellant can not have a claim on this document.
2. He also relied upon paras 2.3 & 2.4 of his representation which are extracted below :-
"2.3 It is submitted that SP's Report is a confidential documents, containing the proceedings of investigation, details of arguments to rebut the defence, discussion of evidence in favour of and against accused persons as well as discussion on the credibility of informants, complainants and sources, etc. It is meant only for the Competent Authority and the contents thereof are not to be disclosed to other persons.
2.4 It is further mentioned that this case pertains to the leakage of classified information from Indian navy and therefore the SP's Report of this case contains discussion of various secret and sensitive documents, which can not be disclosed to the complainant under the RTI Act. It is also submitted that the documents involved in this case have bearing on our national security and they, being the classified documents, contain information, disclosure of which to any unauthorized person is prejudicial to the safety and security of our country. Copies of these documents have not been supplied to the accused persons under 207 Cr.PC. the issue of supply copies of these documents is still pending before the Hon'ble Supreme Court."
It is, thus, his forceful submission that the request of the appellant is misconceived and contrary to the provisions of RTI Act.
3. On the other hand, Adv. Garg would submit that if the Hon'ble Supreme Court has stayed the order of Delhi High Court regarding disclosure of certain documents, a copy of Supreme Court order should be provided to him.
4. DIG, CBI has no objection to provide a copy thereof to the appellant.
DECISION
5. In view of the above, we are of the opinion that SP's report requested for by the appellant is not disclosable at this stage u/s 8 (1) (h) of the RTI Act when the matter is under investigation/trial. However, Shri M.M. Oberoi, DIG, CBI, New Delhi, is hereby directed to provide a copy of the order of the Supreme Court under reference to the appellant in 02 weeks time, with a copy thereof to the Commission.
6. The matter is decided accordingly.
Sd/-
(M.L. Sharma) Central Information Commissioner 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.
(K.L. Das) Assistant Registrar Address of parties :-
1. Shri M.M. Oberoi DIG, AC-I, CBI, Block No 3, CGO Complex, Lodhi Road, New Delhi
2. Shri Amitabh Mukheerjee Addl Dte (Dis & Vig), A-Wing, Sena Bhawan, IHQ of MoD (Army), New Delhi-110011
3. Shri Jitendra Garg Lawers Chambers-137, Patiala House Court, New Delhi-110003