The Central Bureau of Investigation is not fully exempt from the purview of the Right to Information Act and it must provide information related to human rights violations and corruption when requested by an applicant, the Delhi High Court has held.
While the central investigation agency is mentioned in the Second Schedule of the Right to Information Act, 2005 that lists organisations exempt from Act, it does not mean that the entire Act is not applicable to it, the court said in its January 30 order.
The court held that the qualification attached to Section 24 allows information pertaining to allegations of human rights violations and corruption to be provided to the right to information applicant. “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,” Justice Subramonium Prasad held.
The court’s order came in a matter involving allegations made by Indian Forest Service officer Sanjeev Chaturvedi about corruption in Delhi’s All India Institute of Medical Sciences.
Chaturvedi was the chief vigilance officer of All India Institute of Medical Sciences when he alleged corruption in purchase of fogging solution and disinfectants at the hospital’s Jai Prakash Narayan Apex Trauma Centre. He had sought certified copies of the documents and correspondences related to the investigation done by the Central Bureau of Investigation into the matter.
The Central Information Commission ordered the central investigation agency to provide the details to Chaturvedi after it initially denied access to it.
The Central Bureau of Investigation had challenged the information commission’s order in the Delhi High Court. In the High Court, the investigation agency argued that it is entirely exempt from the provisions of the Right to Information Act under Section 24 of the Act.
Prasad rejected the agency’s arguments and held that there is nothing on record to demonstrate that investigation regarding the alleged malpractices in purchase of disinfectants at the hospital will endanger the lives of investigation officers involved in the probe. The court also ordered the investigation agency to provide information to Chaturvedi.
However, the court said that in specific cases, the investigation agency can deny information it can establish that the information sought is sensitive in nature.
Limited-time offer: Big stories, small price. Keep independent media alive. Become a Scroll member today!
Our journalism is for everyone. But you can get special privileges by buying an annual Scroll Membership. Sign up today!