GS Paper II

News Excerpt:

The Delhi High Court recently ruled that intelligence and security organisations are not exempted under the RTI Act when the “information sought pertains to allegations of corruption and human rights violation”.

More about the News:

• In November 2019, the Central Information Commission (CIC) instructed the Central Bureau of Investigation (CBI) to furnish the information sought. The agency moved the HC, which stayed the CIC order in July 2022.

What was the case: 

• A former central vigilance officer (CVO) of AIIMS appealed before the CIC after the CBI denied information regarding its investigation based on a complaint he himself had filed in 2014 about corrupt purchase practices in the AIIMS trauma centre.
• Since the CBI took no action on the information he provided, he approached the probe agency's Central Public Information Officer (CPIO).
• After the CBI declined to furnish the information, he approached the CIC, which ordered the CBI to provide him with the details. 
• The CBI then approached the high court to challenge the CIC’s 2019 order.

Why CBI was not revealing information sought by CIC:

• The CBI argued that section 24 of the RTI law acts as a complete bar, and the agency was exempt from the provision of the act.
• CBI contended that the provision to section 24 is not applicable to CBI, and the agency cannot reveal the details of its investigation.
• The CBI further stated that intelligence played a very vital role in its investigation of offences of corruption, and many important and sensitive cases were registered on the basis of intelligence inputs.
• Therefore, it cannot disclose the details of the investigation.

Delhi HC ruling on the case:

• The court has dismissed the petition filed by CBI challenging the order of CIC asking the CBI to furnish information, including file notings, regarding action taken on charges of corrupt purchase practices in AIIMS, New Delhi.
• The HC held, "This is not a case where information is so sensitive that it cannot be shared with the public. The very purpose of the proviso is to permit information pertaining to allegations of corruption and human rights violations to be provided to the applicant."
• The HC further held that “If the information sought pertains to allegations of corruption and human rights violations, it would be exempt from the exclusion clause, irrespective of the fact that the information pertains to the exempt intelligence and security organisations or not, or pertains to an officer of the Intelligence Bureau or not”.

Conclusion:

The Delhi High Court's ruling establishes a significant precedent affirming transparency and accountability in governance. It underscores that exemptions under the RTI Act do not shield intelligence and security agencies from disclosing information related to corruption and human rights violations. This verdict bolsters the citizen's right to information and strengthens democratic principles.