NEW DELHI: The Delhi High court has said that the Central Bureau of Investigation (CBI) is not completely exempted to provide information under the Right to Information (RTI) Act, and it has to give information related to corruption and human rights violations, except in probes which are sensitive in nature.
As per Section 24 of the RTI Act, intelligence and security organisations, including the CBI are having some exemptions. However it mandates such agencies to disclose the information pertaining to allegations of corruption and human rights violations held by it.
Justice Subramonium Prasad said, a perusal of Section 24 of the RTI Act shows that even though the name of the organization finds mention in the Second Schedule to the RTI Act, it does not mean that the entire Act is not applicable to such organizations.
"The proviso to Section 24 permits information pertaining to allegations of corruption and human rights violation to be made available to the applicant and the same cannot be included in the exception provided to organisations mentioned in the Second Schedule of the RTI Act," the high court stated.
The observation came while the court was dealing the CBI's challenge to a November 2019 decision of the Central Information Commission (CIC) directing the central agency to provide certain information to Indian Forest Service (IFS) officer Sanjeev Chaturvedi.
Chaturvedi had sought information about alleged corruption in the purchase of disinfectant and fogging solution for the medical store of Jai Prakash Narayan Apex Trauma Centre, AIIMS.
The central agency argued that it was exempted from the provisions of the RTI Act as its name figured in the second schedule.
"This is also not a case where information is so sensitive that it cannot be shared with the public at large. 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 high court pointed out.
The order further said, "In the absence of anything on record to demonstrate that investigation regarding malpractices in the purchase of cleaner disinfectants and fogging solution in JPNA Trauma Centre, AIIMS, New Delhi will expose the officers and other persons involved in the investigation which can endanger their life or would jeopardise any other serious investigation, this court is not in a position to accept the argument of the CBI in the facts of this case."
