New Delhi, May 23 (PTI) The Central InformationCommission today directed the CBI to make public informationrelated to corporate lobbyist Niira Radia in the ongoingspectrum allocation scam investigations, overruling theagency''s argument that the disclosure would affect probe.
The case relates to a Lucknow-based RTI applicant TanyaThakur who had sought to know from the CBI whether Niira Radiahas been made an accused in the telecom spectrum scam or hername is figuring at the "discussion stage".She also demanded to know whether the the then DIGVineet Agrawal had written any letter to the then DGIT MilapJain seeking information about telephonic conversations ofRadia being tapped by the Income Tax Department and otherrelated details.
The CBI has rejected the information citing section8(1)(h) of the RTI Act which allows withholding informationwhich may affect any ongoing probe.
"Parliament has expressly stated that only if disclosureof information will impede the process of investigationinformation can be denied...The Respondent (CBI) has not beenable to establish that disclosing the information would impedethe process of investigation," Information CommissionerShailesh Gandhi held.
He said denial of a citizens'' fundamental right must bejustified and the mere act of continuing an investigationcannot be used to deny citizens'' rights.
"Most investigations and investigators in the countryappear to take an enormous amount of time to decide orconclude anything. If investigating agencies in the countrywere to diligently enforce the timelines laid down, they wouldnot have to resort to Section 8(1)(h) to refuse information,"Gandhi said while ordering the disclosure of information byJune 10.