New Delhi: The Delhi High Court has directed
the city police to provide a copy of the FIR in Batla House
encounter case to the accused as sought by them under the
Right to Information Act.
The court, however, set aside the CIC order directing the
police to make public post mortem reports of two suspected
Indian Mujahideen terrorists and a Delhi Police inspector
killed in the encounter last year.
"The Police has not been able to give any specific reason
how and why disclosure of the First Information Report even
when the name of the informant is erased would impede the
process of investigation, apprehension of offenders or
prosecution of offenders," Justice Sanjiv Khanna said.
The court passed the order on a petition filed by the
city police challenging Central Information Commission (CIC)
order directing it to disclose the contents of FIR and post
mortem reports of the two suspected terrorists and the police
inspector M C Sharma killed in the encounter.
"I do not see any reason to interfere with and modify
the order passed by CIC directing furnishing of the copy of
FIR minus the name of the informant," the court said.
The court, however, agreed with the contention of the
police that making public post mortem report would hamper the
ongoing investigation in September 13 serial blasts last year
in the national capital.
"Furnishing of post mortem report at this stage would
jeopardize and create hurdles in apprehension and prosecution
of offenders who may, once information is made available, take
steps which may make it difficult and prevent the state from
effective and proper investigation and prosecution," it said.
The High Court had on March 31 stayed the CIC`s order
directing the police to reveal information under transparency
law.
A suspected Indian Mujahideen terrorist and the prime
accused of serial blasts Atif Ameen and co-accused Sajid were
killed during the Batla House encounter at South Delhi
locality on September 19.
The encounter had taken place within a week of the
serial blasts which claimed lives of 26 persons and left
hundred others injured.
PTI
