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COPY OF CHARGE-SHEET
CANNOT BE DENIED UNDER RTI ACT: CIC
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.
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