A Division Bench of Justices Vibhu Bakhru and Amit Mahajan said that any order by the concerned government in relation to interception or tapping or tracking of a phone is passed when the authorized officer is satisfied that it is necessary to do in the “interest of sovereignty and integrity of India, the security of the State, friendly relations with the foreign states or public order or for preventing incitement to the commission of an offence”.
Such order, therefore, by its very nature may have been passed in the process of investigation, the Court noted.
“In a given case, the disclosure of any such information, therefore, may impede the process of investigation, and may be construed to prejudicially affect the sovereignty and integrity of India, the security, the strategic, scientific, and economic interest of the State, relations with the foreign states or lead to incitement of an offence, and would therefore be exempted from disclosure under terms of Section 8 of the RTI Act,” it observed.
Source: Barandbench
