Case No: CIC/SS/A/2012/000106. Case: Shri Sridhar Srinivasan Vs Central Forensic Science Laboratory. Competition Commision of India

Case NumberCase No: CIC/SS/A/2012/000106
JudgesSushma Singh, Information Commissioner
IssueRight to Information Act, 2005 - Sections 6(3), 8(1), 8(1)(h)
Judgement DateOctober 31, 2013
CourtCompetition Commision of India

Court Information Competition Commision of India
Judgment Date 31-Oct-2013
Party Details Shri Sridhar Srinivasan Vs Central Forensic Science Laboratory
Case No Case No: CIC/SS/A/2012/000106
Judges Sushma Singh, Information Commissioner
Acts Right to Information Act, 2005 - Sections 6(3), 8(1), 8(1)(h)


Sushma Singh, Information Commissioner

1. Shri Sridhar Srinivasan hereinafter called the Appellant has filed the present appeal dated 04.08.2011 before the Commission against the Respondent namely Central Reserve Police Force. The matter was earlier fixed for hearing on 30.04.2012 but was adjourned on account of the non-appearance of the Respondent. In today's hearing the Appellant was not present whereas from the Respondent side Shri K.P. Satapathy (Assistant Director) Central Forensic Science Laboratory, Hyderabad was present. The Appellant through the RTI application dated 10.12.2010 sought information as follows: "Please provide a copy of the report or reports of the Forensic Analysis of Articles concerning C.R. No. 10 of 2007 of Anti-Terrorism Squad Police station, Mumbai, which were sent for examination to CFSL, Hyderabad vide letter O.W. No. 1634/DCP/2007 dated 10.09.2007 of DCP A.R. Dumbare, ATS, Mumbai and letter O.W. No: 551/ACP/KNS/2007 dated 10.09.2007 of ACP K.N. Shengal, ATS Mumbai and received on 11.09.2007 by the In-charge Computer Forensic Unit, Central Forensic Science Laboratory, Hyderabad vide letter No. 13/CFSL (H)/EE/2007/13685 dated 11.09.2007".

2. CPIO vide letter no: 1(98)/CFSL (H)/2010/5330 dated 4.01.2011 replied to the Appellant, informing him that the request of the Appellant cannot be accepted to since it is exempt under provisions of section 8(1) of the RTI Act, 2005. The CPIO sent a very comprehensive reply to the Appellant, informing the Appellant that the opinion in the case FIR No: 10/2007 of P.S. ATS Police Station, Mumbai had already been sent to the forwarding authority i.e. Dy. Commissioner of Police, ATS Mumbai on 10.09.2009. The CPIO explained that a copy of this report cannot be disclosed as it pertains to a criminal investigation. Whenever a crime investigating agency sends the exhibits of crime case to CFSL, Hyderabad for Scientific examination and report of the results of such examination, confidentiality is "inherently implicit" and that all such information must be protected from disclosure to provide the confidence necessary to law enforcement...

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