The case diaries of Central Bureau of Investigation cannot be accessed under the Right to Information Act as disclosure of the information may adversely affect the prosecution process, the Central Information Commission has held.
The case relates to an RTI application filed by Vinod Kumar who sought from the Central Bureau of Investigation the final reports prepared by the prosecution during the investigation of a case.
The agency said investigating officers make the gist of day to day probe in the case diaries. The summary of these case diaries are presented to higher officials in the form of final reports.
FR-I is the report submitted by the investigating officer after collection of evidences. Similarly FR-II is the comments of the law officer on FR-I. The various facts written in FR-I are invariably repeated in one form or the other in FR-II.
It argued that FRs are not part of documents which are submitted in the court, these are only a summary of the case diaries to prepare decision for prosecution.
These documents are, therefore, held in confidence by the prosecuting agency, which in this case is the CBI. Upholding the arguments put forth by the agency, Chief Information Commissioner Wajahat Habibullah said as per CrPC provisions neither the accused nor his agents shall be entitled to call for such diaries nor shall he or they be entitled to see them merely because they are referred to by the Court.
"Upon this, it is clear that the CrPC specifically debars the disclosure of case diaries. Any deviation allowed will necessarily impede the process of prosecution. It is open to appellant Vinod Kumar to seek access to the records under the specific provisions of the Indian Evidence Act, 1872 before the trial court. Under the circumstances, the appeal of Vinod Kumar is dismissed," he said.
