Times
of India: Kochi: Wednesday, 23 September 2015.
Vigilance
enquiry report cannot be issued under Right to Information Act (RTI) while a
probe is going on as it would hamper the investigation, the high court has
ruled.
The ruling
was given by justice B Kemal Pasha while considering a petition filed by A M
Ibrahim and Baby Firoz of Perinthalmanna.
A vigilance
enquiry is going on regarding the disproportionate assets of one Khamarudheen,
who is the husband of the second petitioner. A copy of the vigilance enquiry
report in the case was sought by the petitioners.
It was
pointed out by the petitioners that a copy of the vigilance enquiry report was
issued to another person and, therefore, there was nothing wrong on the part of
vigilance and anti-corruption bureau (VACB) in issuing a copy of the report to
them also. VACB Kozhikode special cell SP reported to the court that if a copy of
the enquiry report was issued, it would impede the investigation process.
The SP also
reported that a copy of the report was issued by mistake to one Gokul Prasad by
the state public information officer. When it was noticed that a copy was so
issued, the information officer has been warned, the court was told.
Upholding the
VACB SP's contention, Justice Pasha held, on hearing either side and on going
through the facts of this case, this Court is of the view that as per Section
8(1)(h) of the Right to Information Act, copy of such proceedings need not be
issued. The contention resorted to by the superintendent of police, vigilance
and anti- corruption Bureau, as aforesaid, seems to be correct.
As per
section 8(1)(h), information which would impede the process of investigation or
apprehension or prosecution of offenders need not be issued under RTI.
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