|S.No.||CIC CASE||DATE OF JUDGMENT||JUDGMENT|
|1||CIC/AD/C/2011/901017/SG/17642||12 Mar, 2012||Dr. Prasanna T. Vs. Dr. Gautam Roy, PIO & Professor (PSM), Jawaharlal Institute of Post Graduate Medical Education and Research, Pondicherry
The applicant sought certain information under RTI Act. CPIO stated that the entire matter is sub-judice as a Writ Petition is pending before the Honorable High Court of Judicature at Madras. It is also stated that the requested information regarding MD Examination is confidential information relating to examinations and is not provided under 8 (1) (e) of the RTI Act, and it also attracts provision under 8 (1) (b) of the RTI Act.
The Commission held that disclosing information on matters which are sub-judice cannot constitute contempt of court, unless there is a specific order forbidding its disclosure. The mere claim that a matter is sub-judice cannot be used as reason for denying information under the RTI Act. Therefore, the contention of the Respondent cannot be accepted by the Commission. The Commission further held that the respondent has not adduced any arguments/ explanations to show how the nature of the information sought falls within the ambit of section 8(1)(e) of the RTI Act and was held by the Respondent-public authority in a fiduciary capacity. In other words, the burden required to be discharged by the Respondent under section 19(5) of the RTI Act has not been done. The PIO is directed to provide the complete information as per record.