NEW DELHI: A whistleblower, who makes public secret and confidential documents of the government or its agencies, cannot be prosecuted if it was done in public interest and to expose corruption, the Supreme Court said.

It turned down former CBI chief Ranjit Sinha’s plea seeking action against the whistleblower who provided CBI’s confidential documents including file notings to advocate Prashant Bhushan. The court said disclosures made by the whistleblower were intended to be in public interest.

“If somebody accesses documents that ought to be carefully maintained by the CBI, it is difficult to find fault with such a whistleblower, particularly when his or her action is in public interest. It is another matter if the whistleblower uses the documents for a purpose that is outrageous or that may damage public interest. In that event, it would be permissible for this court or an appropriate court to take action against the whistleblower, if he or she is identified,” it said.

“However, the present case is not of any such category. The whistleblower, whoever it is, acted purportedly in public interest by seeking to bring out what he or she believes is an attempt by Sinha to scuttle the investigations into the affairs of the Dardas or others in the coal block allocation case,” it said.

TOI | May 15, 2015

Contact Lawyers In India : https://lawintellectindia.com/contact-us/