TMI Blog2010 (12) TMI 1322X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER 1. The Deputy Commissioner of Police, Anti Corruption Branch ( DCP ) is aggrieved by an order dated 25th September 2009 passed by the Central Information Commission ( CIC ) directing the Petitioner DCP to provide to the Respondent copies of the documents sought by him. These documents include certified copies of D.D. entry of arrest of the Respondent and various other documents relatin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entitled, as a matter of right, to a case diary in terms of Section 172 (2) CrPC and that the provisions of the RTI Act have to be read subject to Section 172 (2) CrPC. Secondly, it is submitted that the trial has concluded and the Respondent has been convicted. All documents relied upon by the prosecution in the trial were provided to the Respondent under Section 208 CrPC. The Respondent could h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith the view expressed by the CIC that in order to deny the information under the RTI Act the authority concerned would have to show a justification with reference to one of the specific clauses under Section 8 (1) of the RTI Act. In the instant case, the Petitioner has been unable to discharge that burden. The mere fact that a criminal case is pending may not by itself be sufficient unless there ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
