JNU gives no reason to deny information

A landmark ruling by the Delhi high court, delivered by Justice Ravindra Bhat, had made it mandatory for any authority refusing to disclose information under these clauses, to disclose why it would impede an inquiry or threaten someone’s life or physical safety. JNU, while refusing to share information with RTI applicant Paras Nath Singh, has not given any such reasons.

Justice Bhat had said: “It is apparent that mere existence of an investigation process cannot be a ground for refusal of information; the authority withholding information must show satisfactory reasons as to why the release of such information would hamper the investigation process.”

The court had said such reasons should be germane, and the opinion of the process being hampered should be reasonable. While overruling the CIC order which allowed the preliminary report of an investigation to be withheld, the court said: “Sans this consideration, Section 8(1)(h) and other such provisions would become the haven for dodging demands for information.”

Applicant Singh said the reply furnished by CPIO was vetted and approved by the JNU registrar, who is supposed to act as an appellate authority under the RTI Act. He argued that the registrar cannot be a judge of his own cause and submitting first appeal to the registrar would be “Caesar to Caesar” and an exercise in futility.