Research › Browse › Judgment

Supreme Court of India · body

2019 DIGILAW 607 (SC)

Union Of India v. Ashok Kumar Sharma

2019-02-12

ARUN MISHRA, NAVIN SINHA

body2019
ORDER 1. Leave granted. 1. This appeal has been filed by the Union of India aggrieved by the order dated 17.08.2015 passed by the High Court of Delhi in LPA NO.471/2015. 2. None appears on behalf of the respondent though served. 3. The appellant-Union of India and others have questioned the legality of the order passed by the High Court dismissing the LPA filed by the appellants holding that no prejudice was to be caused to the appellants in case the document Nos.1, 3 and 4 are supplied after redacting all the information which may disclose the identity of the informant. Document Nos. 2 and 5 have already been supplied. 4. The dispute remains about document Nos.1, 3 and 4 as they were not supplied considering the provisions of Section 8(i)(h) of the Right to Information Act which prohibits disclosure of information connected with ongoing investigations and prosecutions and it was opined that it was source information that has triggered the anti-corruption proceedings and nothing should be done which affects the proceedings or which compromises the position of the sources of information. 5. In view of the aforesaid reasons employed by the Information Commissioner, we are of the opinion that there was justification in refusing to supply the aforesaid documents. However, as rightly pointed out by learned counsel for the appellant that during the course of trial, if the trial Court feels it appropriate and if a prayer is made, the documents may be called by Court in accordance with law. 6. In view of the aforesaid, we set aside the impugned order in respect of document Nos.1, 3 and 4. 7. With the aforesaid observations, the Civil Appeal stands allowed to the above extent.