New Delhi: The Central Information
Commission on Monday directed the CBI to make public information
related to corporate lobbyist Niira Radia in the ongoing
spectrum allocation scam investigations, overruling the
agency`s argument that the disclosure would affect probe.
The case relates to a Lucknow-based RTI applicant Tanya
Thakur who had sought to know from the CBI whether Niira Radia
has been made an accused in the telecom spectrum scam or her
name is figuring at the "discussion stage".
She also demanded to know whether the the then DIG
Vineet Agrawal had written any letter to the then DGIT Milap
Jain seeking information about telephonic conversations of
Radia being tapped by the Income Tax Department and other
The CBI has rejected the information citing section
8(1)(h) of the RTI Act which allows withholding information
which may affect any ongoing probe.
"Parliament has expressly stated that only if disclosure
of information will impede the process of investigation
information can be denied...The Respondent (CBI) has not been
able to establish that disclosing the information would impede
the process of investigation," Information Commissioner
Shailesh Gandhi held.
He said denial of a citizens` fundamental right must be
justified and the mere act of continuing an investigation
cannot be used to deny citizens` rights.
"Most investigations and investigators in the country
appear to take an enormous amount of time to decide or
conclude anything. If investigating agencies in the country
were to diligently enforce the timelines laid down, they would
not have to resort to Section 8(1)(h) to refuse information,"
Gandhi said while ordering the disclosure of information by