CIC TELLS CBI TO PROVIDE JUSTIFICATION FOR THE DENIAL OF INFORMATION

9^TH  NOVEMBER,2020

Section 8(1)(h) of the Right to Information permits a public authority to refuse disclosure of information as the disclosure would hinder the process of an investigation.

The Central Information Commission of India has ordered the Central Board of Investigation to justify not providing information based on that disclosure might hinder an ongoing investigation or the trial of an accused and not merely name the relevant clause in its RTI response.

The Delhi High Court, in the Bhagat Singh case, held that merely naming the exemption clause is not enough, and a public authority must explain how the revelation of the information would attract the section as the disclosure was the rule while withholding information was an exemption.

Author: Shweta Singh