RTI exemption for ongoing criminal prosecution upheld where disclosure would prejudice prosecution and interfere with trial court control.

Section 8(1)(h) of the RTI Act was applied to information linked to an ongoing criminal prosecution because disclosure would impede prosecution and prejudice the process before final adjudication. The expression "prosecution of offenders" was read in context to cover the prosecution until the criminal case is finally decided, and material under the control of the trial court was treated as confidential prosecution material not disclosable through RTI where disclosure would interfere with the court's discretion. The refusal to disclose the requested information was upheld, apart from the RC numbers already directed to be supplied.

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Issues: Whether the requested information relating to an ongoing criminal prosecution was exempt from disclosure under Section 8(1)(h) of the Right to Information Act, 2005 because its disclosure would impede the prosecution of offenders.

Analysis: The exemption in Section 8(1)(h) applies where disclosure would impede investigation, apprehension, or prosecution. The expression "prosecution of offenders" was read in context to mean prosecution until final adjudication of the criminal case. Information connected with an ongoing prosecution and under the control of the trial court was held to be beyond disclosure through the RTI mechanism where such disclosure would interfere with the court's discretion and prejudice the prosecution. On the facts, the matter remained sub judice, the prosecution had not concluded, and the requested material was treated as confidential prosecution material, apart from the RC numbers already directed to be supplied.

Conclusion: The exemption under Section 8(1)(h) applied and the refusal to disclose the requested information was upheld.

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