In which kind of cases is the CBI expected to provide the information to a RTI applicant?
27 Sep, 2012Background
The appellant sought the copies of a number of records relating to some case instituted by the Central Bureau of Investigation (CBI) against some other persons through his RTI application. The Public Information Officer (PIO) had refused to disclose any information on the plea that the CBI had been placed in the second schedule to the Right to Information (RTI) Act and, therefore, the provisions of the Act would no longer apply to the CBI.
Proceedings
During the hearing before the Central Information Commission (CIC), the appellant submitted that the information he sought by him related to a case of corruption and, therefore, he was entitled to get the information as per the proviso to 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: 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: 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. The respondent argued that the appellant had no right to get any information not only because the CBI was now included in the second schedule but also because the desired information did not relate to any case of corruption against the CBI officials.
View of CIC
The Central Information Commission (CIC) noted the claim of the appellant that the desired information pertains to allegations of corruption. The CIC directed the PIO to revisit the RTI request in the 20 days and find out first if it is indeed so. If the PIO found that the desired information pertains to any allegations of corruption as defined under relevant laws of the land, then he must pass a fresh speaking order either providing the information or denying it under any of the exemption provisions of the RTI Act. The CIC added that the appellant would have the opportunity to resort to first and second appeal, in case he is dissatisfied with the decision of the PIO.
Comments
The CIC has refrained from defining what the proviso to 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: 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: 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 means – does it include all cases of corruption under investigation by CBI or it means only the cases where CBI officials themselves are involved in corruption. In earlier decisions, the CIC has taken a view that only those cases are covered under the proviso to 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: 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: 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: where allegation of corruption is against the CBI officials.
Citation: Mr. A N Gupta v. Central Bureau of Investigation in File No.CIC/SM/A/2011/002774
RTI Citation : RTIFI/2012/CIC/685
Click here to view original RTI order of Court / Information Commission