CBI refuses to disclose records on how look out circular against Vijay Mallya was changed

In response to an RTI application filed by Pune-based Vihar Durve, the agency has cited section 8(1)(h) of the act to deny the information.

Published: 09th November 2018 01:20 AM  |   Last Updated: 09th November 2018 01:20 AM   |  A+A-

Vijay Mallya

Fugitive businessman Vijay Mallya (File | PTI)


NEW DELHI: The CBI has refused to disclose records pertaining to dilution of a look out circular against fugitive businessman Vijay Mallya, accused of loan default of over Rs 9,000 crore, citing ongoing investigation.

In response to an RTI application filed by Pune-based Vihar Durve, the agency has cited section 8(1)(h) of the act to deny the information.

The section exempts from disclosure the information which would impede the process of investigation or apprehension or prosecution of offenders.

The Delhi High Court, however, has clarified that when a public authority invokes this clause, it has to provide detailed reasoning how disclosure will impede the process as disclosure is norm and exemption is an exception.

The CBI had issued LOC against Mallya calling for his detention if he intends to leave the country or arrive here from abroad but in a surprise move it was diluted asking the immigration authorities to merely inform the agency in case of his travel.

Mallya appeared before the agency for questioning after the dilution and even travelled abroad and returned.

However, in March 2016 he left the country for England but did not return since and is contesting a case of extradition there.

The then CBI director Anil Sinha was not kept in the loop about the change in the nature of LoC which was done by a SP-ranked officer on the verbal instructions of a joint director officer of the agency, according to government sources.

Sinha after coming to know about the change and Mallya's escape had made detailed notings on the file admonishing the officer concerned, they had said.

While refusing the information, the CBI has also cited on the exemption given to it from the RTI Act which gives it immunity from any provision of the RTI Act.

The exemption, however, does not apply when the information sought pertains to allegations of corruption which was a case against Mallya.

Stay up to date on all the latest Nation news with The New Indian Express App. Download now
(Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.)


Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp