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Bhagat Singh v. Chief Information Commissioner

§81h applies only while investigation is live. Read the full guide on RTI Wiki — India's independent Right to Information reference.

Bhagat Singh v. Chief Information Commissioner

Bhagat Singh v. Chief Information Commissioner (Delhi High Court, 2007-12-03) WP (C) 3114/2007 is a ruling on the Right to Information Act, 2005 — Section 8(1)(h). §8(1)(h) applies only while investigation is live. Section 8(1)(h) of the RTI Act applies only when investigation is genuinely live AND disclosure would actually impede it.

Holding

§8(1)(h) applies only while investigation is live.

Ratio

Section 8(1)(h) of the RTI Act applies only when investigation is genuinely live AND disclosure would actually impede it. Once charge-sheet is filed under §173(2) CrPC or final report is filed, exemption ceases. Deemed refusal under §7(2) triggers full appellate jurisdiction.

Section(s) applied

  • Section 8(1)(h)

Practitioner takeaway

Investigation must be live + disclosure must impede; deemed refusal triggers full appellate jurisdiction.

Citation

  • Citation: WP (C) 3114/2007
  • Court: Delhi High Court
  • Date: 2007-12-03
  • Outcome: allowed
  • Reporter / Cause-list: WP (C) 3114/2007