Central Information Commission
Mr. Anil Dawra vs Cbi on 16 March, 2011
Central Information Commission, New Delhi
File No.CIC/WB/A/2010/000527 & 716SM
Right to Information Act2005Under Section (19)
Date of hearing : 1 February 2011
Date of decision : 16 March 2011
Name of the Appellant : Shri Anil Dawra
H.No. 209, Sector - 18 A,
Chandigarh.
Name of the Public Authority : The Central Public Information Officer,
Central Bureau of Investigation,
SCII, New Delhi.
CPIO, Central Bureau of Investigation,
Special Crime Branch,
Sector 30 A, Chandigarh.
The Appellant was present in person.
On behalf of the Respondent, the following were present:
(i) Shri Ashok Tiwari, DIG/CBI,
(ii) Shri K.S. Punia, SP/CBI,
(iii) Shri S.P. Singh, SSP,
(iv) Shri Satish
Chief Information Commissioner : Shri Satyananda Mishra
2. We had heard both these cases on 1 February 2011. Both the parties were present and made their submissions CIC/WB/A/2010/000527 & 716SM
3. In two separate applications, the Appellant had sought a number of information regarding (a) the enquiry conducted by Shri ML Sharma, the then DIG/IG, CBI between FebApril 1995 in connection with the case Dhananjay Sharma vs State of Haryana and (b) RC12(S)/2008/SCB/CHG dated 24 July 2008. The CPIO had denied most of the information in connection with (a) and provided most of the information in connection with (b) Later, on the direction of the Appellate Authority, some more information, especially, the report of Shri ML Sharma, the then DIG/IG, CBI was provided.
4. We carefully considered the submissions made by both the parties and also perused the contents of the RTI applications as well as the replies given by the CPIOs and the orders of the Appellate Authority. We are of the view that most of the information sought should be provided being entirely factual in nature and specially because one of these cases has already been disposed of at the level of the Supreme Court of India. Therefore, we direct the CPIO to provide to the Appellant within 15 working days from the receipt of this order, the following information:
i) photocopy of the enquiry report submitted by Shri ML Sharma, the then DIG/IG, CBI between FebApril 1995 in connection with the case Dhananjay Sharma vs State of Haryana ;
ii) the photocopy of the note sheets of the file relating to this case provided the prosecution before any court of law is now over;
iii) the names of the IPS officers posted under Shri ML Sharma, the then DIG/IG, CBI.
CIC/WB/A/2010/000527 & 716SM
5. The remaining queries contained in the application dated 12 March 2010 can be answered only by researching the case records since the Appellant has not sought copies of any specific records or documents. The CPIO cannot be expected to research the investigation related documents and records to find answers to these queries. Even then, if the records and documents containing the answer to these queries are easily identifiable, the CPIO must make an effort to find those and provide the copies to the Appellant. We direct him accordingly.
6. As far as the RTI application dated 3 February 2010 is concerned, we are satisfied that the CPIO has provided all the information as available. We are also satisfied with his decision not to disclose the note sheets showing the notings of various officers including the legal opinion of the prosecution Branch/attorneys since we believe that these contain the evaluation of the evidence available to the prosecution as well as the strategy proposed to be adopted in the case, the disclosure of which is likely to impede the prosecution of the offender.
7. The cases are disposed of accordingly.
8. Copies of this order be given free of cost to the parties.
(Satyananda Mishra) Chief Information Commissioner CIC/WB/A/2010/000527 & 716SM 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) Deputy Registrar CIC/WB/A/2010/000527 & 716SM