Central Bureau of Investigation (CBI) not fully exempt from RTI Act not exempt from RTI Act as held by the Delhi High Court.
Key directions by the Delhi High Court:
- The Right to Information Act (RTI) in India and the disclosure of information related to allegations of corruption and human rights violations includes certain bodies.
- RTI is a fundamental right of Indian citizens to seek information from government offices, departments, ministries, and other government-run organizations.
- It concerns central agencies like the Election Commission (ECI), Comptroller and Auditor General (CAG) of India, and Central Bureau of Investigation (CBI).
Provisions of the RTI Act:
- The RTI Act allows citizens to request information from public authorities, including governmental organizations, to promote transparency and accountability.
- While the RTI Act exempts certain organizations from its purview, including intelligence and security agencies listed in the Second Schedule.
- The provision to Section 24 allows for information on allegations of corruption and human rights violations to be disclosed, overriding these exemptions.
- However, information about the allegations of corruption and human rights violations needs to be disclosed by such agencies.
Arguments for purview of RTI:
- The HC Court observed that the purpose of Section 24 is to permit the disclosure of information related to corruption and human rights violations.
- Therefore, the CBI cannot completely withhold such information when requested under the RTI Act.
- The petitioner sought information under the RTI Act regarding alleged corrupt practices, particularly in the purchase of cleaner disinfectants and fogging solutions.
- Initially, the CBI denied the information requested, but the Central Information Commission (CIC) ordered the agency to provide the details.
- CIC is a statutory body constituted under the RTI Act to handle complaints, and requests from people and act for the right to information for citizens.
- The CBI contended that Section 24 of the RTI Act exempts it from the Act’s provisions entirely and that the proviso does not apply to the agency.
- This ruling reaffirms the principle of transparency and accountability in governance, indicating that organizations like the CBI are not immune to disclosure requests.
Ref: Source
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