POINTS ON WHICH CLARIFICATION IS REQUIRED :		Proposed action
In practice, the forensic report under the signature of concerned forensic expert [ the officer who has received the case exhibits, examined them independently with or without the assistance of others and prepared the forensic report comprising scientific findings] is issued by the FSL to the concerned forwarding authority.	Technical	As long as the case docs are with FSL for exam they are covered under exemption. Once they are submitted to the court, the court can give copies to the defendants or public based on its discretion.
The concerned forensic expert is directly responsible for the scientific findings in the case and the court also summons him directly for testimony, if required.	Technical	Yes it is a fiduciary relationship. And exempt from disclosure
After issuing the report the file containing the record of the case examination including the copy of the report remains under the custody of the FSL.	Technical	FSL cannot also disclose the content of the report.
So under these circumstances, can the concerned FSL disclose any information related to the case under the RTI act to any person other than the concerned forwarding authority/ court of law without considering the views of the concerned forensic expert and what is the procedure to be followed for disclosing such information under the following conditions?	Technical	Content of the report is covered by exemption under the act. Hence it cannot be given to public as it impedes investigation.
When the case is under investigation by the investigating agency [other than FSL] but before submission of charge sheet in the court of law	Technical	Cannot be given as it is covered under exemption relating to investigation. 8(viii)
When the case is under trial in the court of law	Technical	The court has the discretion to give the report to defence or pubic. FSL cannot give due to fiduciary relationship. 8(v)
After completion of the trial of the case in the court of law	Technical	Court has the discretion to give the report. FSL cannot give due to fiduciary relationship. 8(v)
Will the disclosure of such information by the FSL / forensic expert under the RTI act, without the permission of the court, to any person other than the concerned case forwarding authority / court of law constitute contempt of court when its disclosure is not expressly forbidden by the court?	Technical	FSL cannot give/disclose due to fiduciary relationship.8(v)
Keeping in view the exemptions under the RTI act can the FSL / forensic expert disclose the information comprising investigating agency’s case forwarding letter/ letter of advice FIR/DDR PM report., held by it/ him under the situation mentioned in a, b, & C above when these documents are not marked confidential?	Technical	FIR has to be given by the police. PM report has to be given by the court after charge sheet is filed. FSL cannot give these documents due to fiduciary relationship u/s 8(v).
Majority of the cases received for forensic examination in the FSLs are criminal cases. So can the concerned forensic expert / FSL refused to disclose such information under section 8(b) of the RTI act on the apprehension of disclosure, may lead to incitement of an offence by the accused / perpetrator in the case or under section 8(g) on the apprehension that disclosure may endanger life or physical safety of the concerned forensic expert.	Technical	8(g) is not applicable as suggested for expert. 8(b) can be quoted for claiming exemption.
Personal information and public activity/ interest in the context of section 8(j) of the RTI act needs to be elaborated by case examples.	Technical	CIC decisions may be seen
Directorate of Forensic Science:
Can the information of the type mentioned below be provided to a third person, to whom these information do not belong, directly or otherwise:	Technical
Who is the senior most officer / Division-in-charge of a division? Who is competent to appoint Division - in - charge?	Admin	It should be disclosed to any member of public
How many times & to whom an officer has made representations about his seniority to be the Division - in - charge & what action has been taken on the same?	Admin	It should be disclosed to any member of public
How can an office supervise the work of another officer of equal post but junior in seniority?	Admin	It should be disclosed to any member of public
Copies of Memos issued to an officer and the reply thereof submitted by the officer.	Admin	The issue involves the person concerned and does not contain public interest/activity and it constitutes unwarranted invasion of privacy of the individual officer u/s 8(xi). Hence the PIO/CA may use his discretion after obtaining opinion of the concerned officer on disclosure to public.
Information regarding the number of cases received, disposed off & pending and details about budget spent.	Admin	Must be disclosed even suo moto. s/4
Opinion expressed on questioned documents based on standard writings (admitted & specimen).	Technical	Exempt under fiduciary and impeding investigation. 8(v), 8(viii)
What is the basis of arriving at an opinion?	Technical	Exempt under fiduciary and impeding investigation. 8(v), 8(viii). It is to be disclosed in a court of law under oath only. The report is self explanatory. The court can give the same once charge sheet is filed.
Why opinion on certain documents is has not been given?	Technical	Exempt under fiduciary and impeding investigation. 8(v), 8(viii). It is to be disclosed in a court of law under oath only. The report is self explanatory. The court can give the same once charge sheet is filed.
Whether to provide copy of reasons / photographs?	Technical	Exempt under fiduciary and impeding investigation. 8(v), 8(viii). It is to be disclosed in a court of law under oath only. The report is self explanatory. The court can give the same once charge sheet is filed.
How many validated techniques are being used in arriving at an opinion?	Technical	Techniques depend on the case and needs of the case. But different techniques in use at the lab have to be disclosed. The same in the form of manuals records and procedures can be given.
To provide details about the recent advancements/ developments in different techniques of Case Examination.	Technical	May be given in the form of manuals or literature or allowed to browse in the library from the latest journals stocked in the FSL library.
If it is a Case of re-examination - the reason for such a decision.	Technical	It is the discretion of the court. Hence court should be approached for the reasons.
Copy of forwarding letter of the laboratory in respect of a Case examined.	Technical	It can be given.
Giving the references of standard books / literature on Questioned Documents & other Case Examinations etc.	Technical	Yes can be given
Quality / status of the questioned documents / exhibits received for examination.	Technical	It forms part of the report and need not be disclosed under fiduciary relationship exemption.
FSL. Manipur:
When did the expert opinion on the examination of exhibits of cases FIR No.X disposed off from the laboratory?	Technical	Can be disclosed as it pertains to status
Give budget allotment and expenditure details of FSL. If the fund could not be fully utilized during the last financial year, is it due to administrative weakness or non-release of sufficient fund?	Admin	Should be given, even suo moto
Why efficiency of forensic science laboratory is not up to the mark? Is it due to the shortage of manpower, equipment, fund or any thing else? What steps have been taken up to improve the present condition?	Admin	Should be given
Who is responsible for the present discrepancies in the functioning of Forensic Science Laboratory?	Admin	Should be given if such a study was conducted. If not applicant may be asked to rephrase his questions.
FSL. Sagar
Whether or not the status of the case should be informed to the applicant.	Technical	Yes should be given
Whether or not the details of particular officer which make the basis for writing his ACR can be disclosed to other officer under this act.	Admin	Yes should be disclosed.
Whether an application given to an officer, who is not forwarding authority, may be asked regarding non sending of the same.	Technical	PIO has to find out the status from the forwarding authority or other relevant authority.
Rajaram, a government employee, is admitted to a government hospital in a serious condition on grounds of suspected poisoning. His vomit, urine and blood samples were collected by the doctor and sent to FSL for examination and opinion. The same was accepted as a private case on payment of specified fees. His wife has asked the PIO [FSL] details about the report and opinion arrived at by the FSL. Whether it can be disclosed to his wife or not?	Technical	yes, it can be disclosed as it involves the life and liberty of a person and it has to be divulged within 48 hours of application
In a case of disputed signatures, a ‘no opinion’ was offered by FSL. The brother of the affected party has requested for the basis on which such report was furnished by the lab. Whether the lab is required to give the information requested.	Technical	The lab need not furnish the information as it is prejudicial to investigation of the case. However once it is handed over as a report to the court, and once charge sheet has been filed, the same can be given by the court. If the same question is asked by the court after summoning the expert who conducted the exam, the lab has to furnish detailed reasons and basis for its conclusions.
One of the employees who was about to retire has filed a petition claiming that his date of birth was wrongly entered at the time of selection interview and appointment / joining the service 27 years ago. He quoted the case of his elder brother who was still in service with the same lab, as a justification and proof of his contention. He wanted the records to be furnished to him under the RTI act. Is the lab bound to furnish him the same?	Admin	He has to be given all the details requested along with the records or copy thereof.
CFSL had opined in a video authentication case that the person in the video was not the person who was supposed to have acted in it. While SFSL had given a report that the person in the video is the same as the person accused of being in it. Can a journalist ask for a copy of the examinations conducted, observations made and basis for conclusions arrived at by the two institutions?	Technical	Details cannot be furnished to journalist on the plea of fiduciary relationship. The court will be informed of both the reports and the court will take a decision as to the correctness of the same. The party has to approach the court for copies of FSL /CFSL reports under its rules.
Gopal's wife suspects that ill treatment has caused his death while he was in police custody. She has demanded a copy of the Magistrate's enquiry report as well as FSL report. The PIO has refused. In your view whether the PIO's reply is appropriate?	Technical	PIO action in refusing is correct is it is hit by exemption of fiduciary relationship and investigation.
A local reporter has demanded from PIO a copy of the report detailing no of suicides district wise and their status and cause of death and reasons of the suicides of farmers in AP submitted by the lab to the state government.-	Technical	Statistics can be furnished to the party. The reasons for suicide as a part of the table containing data on suicides can be given. The same does not affect any individual case but all cases as a whole.
There was a news item about corruption in the recruitment of Asst lab technicians recruited by the lab recently. On the basis of the news item the chairman of unrecognized 'contract employees union' has asked the PIO to give names of selected & rejected candidates along with their interview ratings.	Admin	Yes the same has to be given but only after the selection process is completed. If the process is still pending, then it cannot be given as it is covered under fiduciary relationship till selection is completed. [CIC decision]
There is a proposal to start a cyber lab in the academy. Quotations were called from interested suppliers of equipment, computers and software. Two parties replied – one from India and another from UK. A member of public requested for the quotation from the UK party under RTI act.	Admin	It cannot be furnished as it affects the competitive position of the parties concerned and adversely affects the tendering process.
An employee of FSL was allegedly involved in an abetment to suicide case of his wife. At that time he was to be selected as head of department he was working in. the other employees applied under the act for the details of the allegations in the case and the role of the employee which could disqualify him from getting promoted.	Admin	It needs to be disclosed as the public good in disclosure outweighs the loss of privacy / the harm of the protected interest but after giving him notice of PIO intention to disclose and hearing his case.
The FSL disposes its biomedical waste in assigned land dump instead of incinerating them. Due to expansion of the city, colonies have sprung up near the dumping yard. One NGO representing the interests of the colonies concerned applied for the Pollution control board waste analysis report on the items disposed as they feared that the dumping may be poisoning the underground water resources for the colony.		It needs to be disclosed as the public good in disclosure outweighs the loss of privacy / the harm of the protected interest.
Acetic anhydride, a precursor chemical, seized by the DRI was submitted as a sample to FSL to find out the origin by way of signature profiling. Having come to know of this information, the other manufacturing units in the industrial estate asked for the raw material analysis report.	Technical	It needs to be disclosed as the public good in disclosure outweighs the loss of privacy / the harm to the protected interest/ competitive interest/ trade secret, which is at the discretion of the competent authority. Disclosure may be made after giving the affected company notice of PIO intention to disclose and hearing his case.
As a prerequisite for any ISO certification, the FSL needs to calibrate all its instruments and machineries periodically and maintain the records thereon. A party has asked for a copy of the same. PIO of the lab refused quoting exemption under IPR/ trade secret of the lab. Is he correct?	Technical	His action is not justifiable. It does not involve any trade secret. Calibration test results need to be disclosed if asked for which helps in transparency of working of the lab.