The case relates to a Lucknow-based RTI applicant Tanya Thakur who had sought to know from the CBI whether Niira Radia has been made an accused in the telecom spectrum scam or her name is figuring at the "discussion stage".

She also demanded to know whether the then DIG Vineet Agrawal had written any letter to the then DGIT Milap Jain seeking information about telephonic conversations of Radia being tapped by the Income Tax Department and other related details.

The CBI has rejected the information citing section 8(1)(h) of the RTI Act which allows withholding information which may affect any ongoing probe.

"Parliament has expressly stated that only if disclosure of information will impede the process of investigation information can be denied...The Respondent (CBI) has not been able to establish that disclosing the information would impede the process of investigation," Information Commissioner Shailesh Gandhi held.

He said denial of a citizens'' fundamental right must be justified and the mere act of continuing an investigation cannot be used to deny citizens' rights.

"Most investigations and investigators in the country appear to take an enormous amount of time to decide or conclude anything. If investigating agencies in the country were to diligently enforce the timelines laid down, they would not have to resort to Section 8(1)(h) to refuse information," Gandhi said while ordering the disclosure of information by June 10.