HC upholds information commission’s fiat to CID

The High Court of Karnataka has upheld the State Information Commission’s direction to the Criminal Investigation Department (CID) of the State to provide copies of ‘B’ report related to the investigation conducted into a suicide case, under the Right to Information (RTI) Act, 2005.

“In my view, the commission was absolutely justified in directing furnishing of ‘B’ report and its enclosures as sought for by respondent especially when the investigation in the matter had been concluded,” observed Justice N.S. Sanjay Gowda while dismissing a petition filed by the Public Information Officer of the CID.

The CID had questioned the commission’s March 18, 2021 direction to furnish the copies of the ‘B’ report along with enclosures to one Malleshappa M. Chikkeri of Dharwad, who had sought the copies of the investigation report and connected documents related to the case of death of his son.

The commission had noticed that there was no prohibition to give information sought for by the father of the deceased since the investigation was already completed while pointing out that there is a bar for providing information under the RTI when the investigation is under progress and not completed.

The contention of the counsel for the CID that it was open for the applicant before the commission to secure the ‘B’ report and its enclosures from the magistrate court concerned cannot be a ground to deny the information sought for under the RTI, the High Court made it clear.

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Printable version | Nov 27, 2021 4:13:18 PM | https://www.thehindu.com/news/national/karnataka/hc-upholds-information-commissions-fiat-to-cid/article37117619.ece

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