New Delhi: The case diaries of CBI cannot be
accessed under the Right to Information Act as disclosure of
the information may adversely affect the prosecution process,
the Central Information Commission has held.
The case relates to an RTI application filed by Vinod
Kumar who sought from the Central Bureau of Investigation the
Final reports (FRs) prepared by the prosecution during the
investigation of a case.
The agency said investigating officers make the gist of
day to day probe in the case diaries. The summary of these
case diaries are presented to higher officials in the form of
Final Reports.
FR-I is the report submitted by the investigating officer
after collection of evidences. Similarly FR-II is the comments
of the law officer on FR-I. The various facts written in FR-I
are invariably repeated in one form or the other in FR-II.
It argued that FRs are not part of documents which are
submitted in the Court, these are only a summary of the case
diaries to prepare decision for prosecution. These documents
are, therefore, held in confidence by the prosecuting agency,
which in this case is the CBI.
Upholding the arguments put forth by the agency, Chief
Information Commissioner Wajahat Habibullah said as per CrPC
provisions neither the accused nor his agents shall be
entitled to call for such diaries nor shall he or they be
entitled to see them merely because they are referred to by
the Court.
"Upon this, it is clear that the CrPC specifically debars
the disclosure of case diaries. Any deviation allowed will
necessarily impede the process of prosecution. It is open to
appellant Vinod Kumar to seek access to the records under the
specific provisions of the Indian Evidence Act, 1872 before
the Trial Court. Under the circumstances, the appeal of Vinod
Kumar is dismissed," he said.
PTI
