Delhi HC says CIC cannot order for police investigation records

The Delhi High Court stayed the Central Information Commissions (CIC) order which had sought records of autopsy reports of Inspector Mohan Chand Sharma and the two suspected Indian Mujahideen(IM) terrorists, who were killed during an encounter at Delhis Batla house last year. Justice S Ravinder Bhat after hearing the plea of the Delhi Police said disclosure of the autopsy reports to the petitioner would cause serious harm to the ongoing investigation in the September 13 serial blasts. Therefore, the order of the CIC should be stayed. The court also refused to uphold the CICs order which directed the police to furnish copies of the FIR to the petitioner. The court said the RTI had no such powers to direct the police on such matters as it was an open information. Ms Mukta Gupta, lawyer for the Delhi Police said the post-mortem report was a vital information and could not be revealed at this stage. All the investigation reports would be filed in the court after the investigation was complete, she said. Ms Gupta said during the encounter at the Batla house, two accused were killed and two escaped. Search was still on for the absconders. Stating that leaking of autopsy report at this time will jeopardise the investigation, she said it has vital information regarding the nature of the weapon used during the encounter and other corroborative evidence. The CIC on March, 9 passed an order to the police to reveal the autopsy reports as well as give copies of FIR to the RTI applicant, after hearing the public interest petition of an NGO - Act Now For Harmony and Democracy. The NGO was seeking a judicial inquiry into the September 19, 2008 shooting, in which two suspected terrorists, allegedly involved in the September 13 Delhi serial bombings, were killed.

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