PUBLIC INFORMATION OFFICER Vs. JOAO C. PEREIRA

JUDGEMENT

(1.) Challenge in this Writ Petition is to the Order dated 20-4-2007 of the Goa State Information Commission(Commission, for short) by which the Commission has upheld the Order of the First Appellate Authority/Deputy Inspector General of Police dated 13-12-2006 and rejected his request for reconsideration of his own order and further has directed the Public Information Officer to provide access to all papers to the Complainant/Respondent No. 3 herein, in the inquiry conducted in the file of Surjit Borkar i.e. Crime No. 74/05 under Sections 341, 504, 506(ii) read with 34 I.P.C. The said Complainant appears to be an Accused in the said Crime and the said Surjit Borkar, the first informant.

(2.) Ms. Winnie Coutinho, learned Government Advocate on behalf of the Public Information Officer/Superintendent of Police, contends that the information ordered to be given by the Commission was an information which came within the purview of Section 8(i)(h) and also under section 173(3) of the Code of Criminal Procedure, 1973 and as such the Commission could not have directed the said information to be given to the said Complainant.

(3.) In support of the submission that the Accused does not have an unfettered right to the inspection of case diaries, Ms. Coutinho has placed reliance on the case of Mukund Lal v. Union of India and another, AIR 1989 SC 144 wherein the Apex Court has stated thus:-