Information with regard to clarification of eligibility of ACP and MACP scheme was sought from CRPF - CIC: The essential precondition of allegations of corruption and human rights violations is not satisfied; appeal is dismissed
2 May, 2018
ORDER
The captioned appeal emanates from RTI application dated 09.06.2017 whereby the Appellant sought information regarding clarification of eligibility of ACP and MACP. The respondent PIO declined to furnish information citing exemption under Section 24 of the RTI Act.
The foremost contentious point which thus arises is of the maintainability of the present appeal. Section 24(1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: of the RTI Act, 2005 lays that:
24. Act not to apply to certain organizations.— (1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the Central Information Commission, and notwithstanding anything contained in Section 7, such information shall be provided within forty-five days from the date of the receipt of request.
The respondent public authority is enlisted in Second Schedule of the RTI Act and as such, exempt from provisions of this Act. The only exception carved out to the rule is wherein information sought relates to allegations of corruption / human rights violations and approval to disclosure is accorded by this Commission.
Thus, the present RTI request has to satisfy the essential ingredients before the respondent public authority is directed to make disclosure of requisite information. It is clear that the two conditions act as prerequisite to disclosure of information in such cases. The plain language of Section 24 mandates that two conditions specified therein have to be fulfilled simultaneously before any direction of disclosure of information is passed on a particular request for information. The expression ‘approval of Central Information Commission’ has to be read ejusdem generis to the object and provisions of the RTI Act. The approval of the Commission shall be based on other provisions of the RTI Act and the exemptions available under Section 8 shall be available to the respondents even if the information sought relates to allegations of corruption and human rights violations.
After hearing the parties and perusal of record, the Commission finds the appellant has sought information with regard to clarification of eligibility of ACP and MACP scheme. The Commission finds that the present query raised by the appellant fails to satisfy the essential precondition of being related to allegations of corruption and human rights violations. As such, the RTI request is bad per se in law and the present appeal is dismissed.
(Yashovardhan Azad)
Information Commissioner
Citation: Ram Ashan Ojha v. CRPF in F. No.CIC/CRPFO/A/2017/609737, Date of Interim Decision: 19.03.2018