Right to information

Sumir (Querist) 19 October 2011 This query is : Resolved
"FIR is public document and its copy can be sought under RTI by anyone"- give supporting judgments by information commissions, if any

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Guest (Expert) 19 October 2011
see section 8 h of RTI act. but you can apply to court to get.

prabhakar singh (Expert) 19 October 2011
Deciding a bunch of petitions, the Delhi High Court has recently declared that a copy of the FIR can be given under the Right to Information Act unless it is shown in strict terms as to the effect that giving such information would hamper investigation. The High Court was inter alia ruling on the writ petition filed by the Police before the High Court challenging the order of CIC where the police had been directed to provide a copy of FIR relating to Balta incident. The High Court however declined the disclosure of post-mortem report holding that release of such details would hamper pending investigations.

Mere pendency of investigation, or apprehension or prosecution of offenders is not a good ground to deny information.

prabhakar singh (Expert) 19 October 2011
Information, however, can be denied when furnishing of the same would impede process of investigation, apprehension or prosecution of offenders. The word "impede" indicates that furnishing of information can be denied when disclosure would jeopardize or would hamper investigation, apprehension or prosecution of offenders. In Law Lexicon, Ramanatha Aiyar 2nd Edition 1997 it is observed that the word " 'impede" is not synonymous with 'obstruct‘. An obstacle which renders access to an inclosure inconvenient, impedes the entrance thereto, but does not obstruct it, if sufficient room be left to pass in and out. 'Obstruct‘ means to prevent, to close up."

prabhakar singh (Expert) 19 October 2011
Writ petition [civil]no.7930 of 2009

Addition commissioner of police[crime]
vs.
Central informational commissioner

AND other writs.

prabhakar singh (Expert) 19 October 2011
wp[crl.]no.468 of 2010

court on its motion
through Ajay Chudhary
vs.

state

judgement pronounce on 6 th DEC 2010 after the above by

by hon'ble dipak misra cj to the effect that FIR should be displayed on line.