In Writ Petition WP( C) 3114/2007 in the Delhi High Court in
Bhagat Singh vs. Chief Information Commissioner & Ors., the Court had ruled,
"13. Access to information, under Section 3 of the Act, is the rule and exemptions
under Section 8, the exception. Section 8 being a restriction on this fundamental
right, must therefore is to be strictly construed. It should not be interpreted in
manner as to shadow the very right itself. Under Section 8, exemption from
releasing information is granted if it would impede the process of investigation or
the prosecution of the offenders. It is apparent that the mere existence of an
investigation process cannot be a ground for refusal of the information; the
authority withholding information must show satisfactory reasons as to why the
release of such information would hamper the investigation process. Such reasons
should be germane, and the opinion of the process being hampered should be
reasonable and based on some material. Sans this consideration, Section 8(1)(h)
and other such provisions would become the haven for dodging demands for
information.
"That Delhi High court in Judgment dated 3rd December in Writ
Petition (C ) No. 3114/07, in the matter of Bhagat Singh vs Chief
Information Commissioner and Ors., decided that even during the
pendency of an Investigation, disclosure is mandated unless Public
Authority show the reasonable grounds in writing that how
disclosure may impede the investigation.
However, because the decision not to disclose was in keeping with the
UPSC policy, the CPIO has acted in good faith. There can, therefore, be no
grounds for penalty. On the other hand the CVC will take note of the decision
of the Delhi High Court in Bhagat Singh Vs. Chief Information
7
Commissioner" in W.P. No. 3114/2007 in which the process for claiming
exemption u/s 8 (1) has been clearly laid down and might be adhered to by
the CVC whenever information is sought to be refused on grounds of
exemption from disclosure.
Herewith also refer decision of High Court of Delhi in WP(C) No. 311412007 Dated: 03'' December,
2007. Bhagat Singh Vs. Central Information Commission & Ors In another Hon'ble CIC decision in case
file No: CICIWBIAI2009/000568 dated: 26-05-2009 Dr. Sudershan Kumar Vs. Central Vigilance
Commission (CVC), Date of Decision: 12-08-2010. In this context the scope of exemption u/s. 8(1)(h) is
limited to reasonable grounds being offered for availing of such an exemption, which has not been done in
this case. In para 15 of the above order moreover, Honble S. Ravindra Bhat J specifically notes:
"As held in the preceding part of the Judgment without a disclosure as to how the investigation process
would be hampered by sharing the matters collected till the notice were issued to the assesses, the
respondents could not, even after overruling the objection, should not have imposed the condition that in
formation could be disclosed only after recovery was made"
5. The Hon'ble Delhi High WP(C)/3114/2007 in the case of Bhagat Singh vs
Chief Information Commissioner and others held that mere existence of
an investigation process cannot be a ground for refusal of the
information and the authority withholding information must show
satisfactory reason as to why the release of such information would
hamper the investigation process.
12. At this stage, it is pertinent to note the observation of Hon'ble High Court of
Delhi in the decision dated 03.12.2007 in the case of Bhagat Singh vs Chief
Information Commissioner, holding as under: