Vigilance report need not be issued under RTI: Kerala HC
Mahir Haneef,TNN | Sep 22, 2015, 11.39 AM ISTKOCHI: 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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