The CIC Prof M Sridhar Acharyulu
held on 3rd November 2014 that ‘charge-sheet’ has to be
disclosed after separating non-disclosable portions, if any, as per
restrictions prescribed under RTI Act. Ms. Usha Kanth Asiwal sought to know
from Director of Vigilance Delhi, details of complaint made to Anti Corruption
Bureau on 25-04-2001 and inquiry leading to registration of case against
13 persons under Prevention of Corruption Act, which is now under prosecution
in Tis Hazari Courts. She sought 22 point information, which broadly relate to
contents of the Charge-sheet.
The PIO denied the information u/s
8(1)(h) of the RTI Act claiming disclosure would impede investigation or
prosecution. The First Appellate Authority upheld the decision of the
PIO. She approached the Commission in second Appeal. Though demand was
not for copy of charge-sheet, the appellant agreed that a copy of charge-sheet
would answer his application. Then issue before the Commission was whether
charge sheet was public document, and if so could that be shared under RTI Act
with any citizen.
CIC Prof Sridhar Acharyulu
explained: ‘The charge sheet is a report held by the investigating officer, or
public authority or court of law. As per the RTI Act, any information held by
the public authority can be accessed by the citizen subject to the exceptions
provided under Section 8. Because the charge-sheet contains the evidence which
need to be adduced in the court of law, there is a possibility of opening up
many details which could be personal or private or confidential. If the
allegation requires to be proved by call data, the charge sheet refers to
sheets of call data, which surely contain call details unrelated to allegation.
That could be private information need to be protected. Hence each charge sheet
has to be separately examined and only after separating unnecessary and
unrelated details of evidence, and only required and permissible information
out of chargesheet should be disclosed. Thus Charge-sheet can neither be
prohibited enbloc from disclosure nor disclosed totally. Charge-sheet is a
document held by concerned authority, which has to examine disclosable aspects
vis-a-vis Section 8 and 9 of the RTI Act and then decide the case’.
As per the Criminal Procedure, the
charge-sheet is the end product of investigation. With filing of charge-sheet,
the investigation is closed and defense that investigation might get impeded
does not stand at all. Whether revealing the information
impedes apprehension or prosecution is the next question. The Respondent
authority did not even raise this point and did nothing to explain the
Commission about possibility of impeding apprehension/prosecution by
disclosure. The Public Authority just mentioned the section number and
did nothing else. The First Appellate Authority also did not apply the mind and
chose not to give any reasons for upholding the denial by PIO. The exemption of
larger public interest provided in Section 8(1) is not available to this clause
(h). Thus it has to be decided on facts whether disclosure of charge-sheet will
really obstruct investigation, apprehension or prosecution. The judgment of the
Delhi High Court in W.P.(C) No.3114/2007 – Shri Bhagat Singh Vs.
Chief Information Commissioner & Ors on this aspect is of
relevance, since it deals with the applicability of the Section 8(1)(h) of the
RTI Act 2005: S Ravinder 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
materials collected till the notices were issued to the assessee, the respondents
could not have rejected the request for granting information. …”
It can be inferred that there is no
specific provision anywhere prohibiting the disclosure of charge-sheet and if
there disclosure does not affect investigation or prosecution it can be permitted
under RTI, unless there is a public interest against disclosure. The
chargesheets containing charges under Prevention of Corruption Act, especially
against public servants, need to be in public domain, in public interest.
Citing several decisions the CIC
said: There is no specific provision under any law which state that
charge-sheet is a public document, but there are several judgment of the
Supreme court and High court which clarify that charge sheet is a public
document. Queen-Empress v. Arumugan and Ors ( (1897) ILR 20 Mad 189) has held that any person
has an interest in criminal proceeding has a right to inspect under section 76
of the Indian Evidence Act. In N David Vijay Kumar v The
Pallavan Gram Bank, Indian Bank in File No.
CIC/SG/A/2012/000189 CIC Mr Shailesh Gandhi ordered disclosure of Charge sheet
ruling out the contention of exemption under Section 8(1)(j).
On the perusal of the RTI
application, the Commission found that the information sought by the
applicant are the part and parcel of the information contain in the
charge-sheet prepared after the completion of the investigation under section
173 of Cr. P. C. The purpose of the appellant will be served if the copy of the
same would be provided to the appellant. The respondent authority also agreed
to provide the copy of charge sheet.
Considering the provisions of
Cr.P.C., Evidence Act, RTI Act, erudite judicial pronouncements, certain
transparency practices in CVC, facts and circumstances of the case and
contentions raised, the Commission holds that the charge sheet is a public
document and it shall be disclosed subject to other restrictions provided under
RTI Act. There cannot be a general hard and fast rule that every charge-sheet
could be disclosed or should not be. Each RTI request for copy of Charge-sheet
required to be examined and only permissible part should be given. The
Commission, hence, directed the respondent to examine the content of
charge-sheet and to provide appellant/… the copy of those portions of
charge-sheet, which would answer the queries raised by appellant in his RTI
application, within 3 weeks from the date of receipt of the order.
CLICK HERE FOR SEE DETAILS
CLICK HERE FOR SEE DETAILS
Courtesy :
http://www.livelaw.in/copy-charge-sheet-denied-rti-act-cic/
