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16. Copy of my statements recorded during inquiry.
17. Copy of statements of other accused recorded during enquiry."

To this Shri Vinod Kumar received a response pointwise dated 29.2.08 from CPIO Shri M. C. Sahni, SP, CBI, Bhopal who had received the application on 31.1.08, as follows:

'1. Information sought is not covered under section 2 (f) of RTI Act, 2005.

2. Information/ document sought could not be provided as disclosure of such information may impede the process of prosecution. Hence, the exemption is claimed under section 8 (1) (h) of RTI Act, 2005.

13. Information/ document sought could not be provided as disclosure of such information may impede the process of prosecution. Hence, the exemption is claimed under section 8 (1) (h) of RTI Act, 2005.

14. Information/ document sought could not be provided as disclosure of such information may impede the process of prosecution. Hence, the exemption is claimed under section 8 (1) (h) of RTI Act, 2005.

8. With regards to information at point nos. 2, 13, 14 and 17 SP, CBI, Bhopal / CPIO has claimed exemption under section 8 (1) (h) of RTI Act, 2005, as the charge sheet has been filed in the court of Special Judge, CBI Cases, Bhopal on 29.11.2005 against the appellant Shri Vinod Kumar and others, which is pending under trial. The SP, CBI/ CPIO has clearly mentioned that the disclosure of information/ documents sought by the appellant may impede the process of prosecution of offenders, which is exempted under section 8 (1) (h) of RTI Act, 2005.

9. The decision taken by the Hon'ble Central Information Commission in CIC/AT/A/2007/00383 dated 29.6.2007 cited by the appellant, is not applicable in this case, as in the said appeal the CPIO had not provided the information on the ground that the matter is subjudice and pending before the Hon'ble High Court, New Delhi and the CPIO had not claimed any exemption u/s 8 (1) (h) of RTI Act, 2005. Therefore, the Hon'ble Central Information Commission has held in para No. 10 of the above mentioned decision that 'there is no exemption which bars matters connected with investigation from disclosure. Only when disclosure of an information is shown to impede the process of investigation, that the exemption under section 8 (1) (h) can be invoked. Similarly, there is no provision in the RTI act which prohibits disclosure of subjudice matter'. Whereas, in the present case, SP, CBI, Bhopal/ CPIO has not provided the information of point No. 2, 13, 14 and 17 claiming the exemption under section 8 (1) (h) of RTI Act, 2005 on the ground that the disclosure of said information may impede the process of prosecution. In the present case, the charge sheet against the appellant and others has already been filed in the court of Special Judge, CBI Cases, Bhopal on 29.11.2005 and the trial is continuing.