No bar on furnishing 'B' report after conclusion of probe: HC

The High Court has said that once the investigation is completed, there is no bar on furnishing the closure report (‘B’ report) pertaining to a case if it is sought from the police department under the Right to Information Act, 2005.

The court passed this order while disposing of a petition filed by the Director General of Police, Criminal Investigation Department (CID), who is also the Public Information Officer.

The petitioner had challenged the order passed by the Karnataka State Information Commission on March 18, 2021, directing to furnish the ‘B’ report and other enclosures relating to a case of alleged accidental death.

The applicant before the Information Commission had previously filed a protest petition on the ‘B’ report filed by the CID into the death of an engineering student. His application seeking a copy of the ‘B’ report was rejected by the CID, informing him to approach the magistrate court for the same.

The State Information Commissioner noted that there is a bar on providing information only when the matter is under investigation.

The commission directed the CID to furnish the ‘B’ report with enclosures since the investigation is already completed.

Dismissing the petition filed by the CID, Justice N S Sanjay Gowda said that the order of the State Information Commissioner was justified, especially when the investigation in the matter had been concluded.

“The contention of the learned counsel for the petitioners that it was open for respondent no 1 (the applicant before the Information Commission) to secure B-report and enclosures from the Magistrate cannot be a ground to deny the information sought for under RTI. Therefore, no grounds are made out to entertain this petition,” the judge said.

The CID had concluded that the deceased, who was an engineering student in 2005, having consumed excess alcohol and having lost control over his mind had fallen from the second floor through the window of a hotel room at Kundapur town in Udupi district.

However, an investigation into charges of murder was pressed, after the father of the deceased raised apprehensions of foul play.