GUWAHATI, Aug 2 - In a recent order in Case No. SIC/BNG 40/2018, State Chief Information Commissioner HS Das held that a matter being sub judice, by itself, is not sufficient ground for denial of information by taking shelter under section 8(1)(b) of the RTI Act, 2005.
The Commission made it clear that Section 8(1)(b) provides an exemption from disclosure in case of information which has been expressly forbidden to be published by any court of law or tribunal, or the disclosure of which may constitute contempt of court, said an official statement.
�In the particular case under review, where the applicant sought some information about alleged irregularities in procurement of bulletproof jackets by Assam Police, the Commission viewed that the public authority concerned did not mention any order of the Gauhati High Court in the written statement and in the letter addressed to the RTI petitioner that it has expressly forbidden disclosure of the sought for information or that the disclosure of the same will constitute contempt of court,� said the official statement.
�Therefore, the Commission viewed that exemption under section 8(1)(b) is not applicable in this second appeal. The Commission directed the SPIO of the office of the DGP, Assam to furnish the sought for information to the petitioner within 15 days from the date of receipt of this order unless the disclosure of the same has been expressly forbidden by Gauhati High Court, or, if such disclosure will amount to contempt of court. In case of the latter, the appellant shall be furnished with reasonable grounds therefore,� added the statement.