PIO cited 8(1)(h) for investigation, but investigation is over
I filed an RTI application to get the information about a criminal case that was investigated by the police. The PIO denied the information citing section 8(1)(h) of the RTI Act, saying that the investigation is still ongoing. However, I know that the investigation is already over and the case is closed. What can I do?
Know the practical answer?
Share the record to ask for, the authority to approach, or the next appeal step.
Discussion
4 repliesYou can file a first appeal under section 19(1) of the RTI Act, stating that the investigation is already over and therefore, section 8(1)(h) is not applicable. You can also provide proof that the investigation is closed.
The PIO is correct in denying the information. Section 8(1)(h) clearly states that information cannot be disclosed if it would impede the investigation.
You can also try to get the information under section 10 of the RTI Act, which allows for severability of information. If the PIO can separate the information that is not related to the investigation, they may be able to provide you with the required information.
You should have filed the application after the investigation was over.