No bar on RTI information if probe completed: Karnataka HC

BENGALURU: The Karnataka High Court has upheld an order of the State Information Commissioner that there is no bar on granting information under the Right to Information Act if the investigation is already completed. 

Dismissing a petition filed by the Public Information Officer and Director General of Police, CID, Justice N S Sanjay Gowda noted that the Commissioner has noticed that there was no prohibition to give information sought for, since the investigation was already completed.

“The Commissioner has noticed that only in the event the matter is under investigation, there is a bar on granting information regarding the investigation. In my view, the Commissioner was absolutely justified in directing for furnishing of B-report and its enclosures as sought by Malleshappa M Chikkeri of Dharwad, especially when the investigation in the matter has been concluded”, the court said.  

The court further said that the contention of the counsel for the petitioners that it was open for Malleshappa to secure the B-report and enclosures from the magistrate cannot be ground to deny the information sought for under RTI, while dismissing the petition.   

On March 18, 2021, the State Information Commissioner has directed the petitioners to furnish the B-report and the enclosures, which were sought by Malleshappa. Malleshappa’s son is stated to have ended his life by jumping from the window as he was excessively drunk. Malleshappa had sought information regarding the B-report.