[RTI] Kar HC Bar on grant of information regarding investigation only when the matter is under investigation, contrary to which, no bar applies

Karnataka High Court: N S Sanjay Gowda J dismissed the petition being devoid of merits.

The respondent 1’s son has ended his life by jumping out of the window and the Authorities stated that it was due to over drinking. Thus, Respondent 1 sought for information regarding the B report that was filed after investigation due to the stigma attached to his family by furnishing of the B report. By the impugned order, The State Information Commissioner directed the petitioners to hand over and furnish the B- report and the enclosures.

The court observed that there is no prohibition to give information sought for since the investigation was already completed. The court further observed that the Commissioner was right in observing that only in the event the matter was under investigation, there was a bar for grant of the information regarding the investigation.

The Court further observed that the directions given by the Commissioner regarding furnishing of B report and its enclosures as sought for by respondent 1 especially when the investigation was concluded was absolutely right.

The Court held “contention of the learned counsel for the petitioners that it was open for respondent No. 1 to secure B report and enclosures from the Magistrate cannot be a ground to deny the information sought for under RTI”[The Public Information Officer v. Maleshappa M Chikkeri, W P No. 18599/2021, decided on 12-10-2021]


Arunima Bose, Editorial Assistant has reported this brief.


Appearances

For petitioners: Mr. Venkata Satya Narayan

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