Jayanta Kumar Biswas, J. - (1.) THE petitioner in this WP under art.226 dated March 22, 2011 is questioning an order of the Central Information Commission (in short CIC) dated February 2, 2011 (WP p.32). On the basis of information provided by its source the Central Bureau of Investigation (in short CBI) filed a criminal case against the petitioner. The allegations were found to be baseless and the case was filed. The petitioner lodged a complaint with the Central Vigilance Commission (in short CVC) against the CBI. The CVC found substance in the complaint.
(2.) THEREUPON the petitioner and his wife applied under the Right to Information Act, 2005 asking the Central Public Information Officer (in short CPIO) of the CBI to provide them certain information about the criminal case. The five second appeals in connection wherewith the impugned order was passed arose out of such applications of the petitioner and his wife filed before the CPIO. By an order dated January 5, 2011 the CIC disposed of the second appeals. The CBI's contention that it was entitled to seek exemption from disclosure of source materials was not accepted by the CIC that directed the CPIO to show the petitioner and his wife all records pertaining to the criminal case including the complaint filed by the source except the case diary, and also to give them photocopies of the records chosen by them.
(3.) BY the impugned order dated February 2, 2011 the CIC directed as follows: - After hearing the submissions of both the parties, we direct the CPIO to provide to the Appellant within 15 days from the receipt of this order the photocopies of the entire records relating to this case. However, the name of the informant and all references to the sources information be deleted before disclosing the information. Besides, the CPIO shall also confirm in a sworn affidavit that there are no other records in this case to be disclosed.;