In a recent order, the Delhi High Court ruled that the Central Bureau of Investigation (CBI) is not fully exempt from disclosing information it possesses about corruption and human rights violations under the Right to Information (RTI) Act.
According to the order uploaded on Friday, the bench of Justice Subramonium Prasad ruled that even though the name of CBI finds mention in Section 24 of the second schedule of RTI Act, it does not mean that the entire Act is not applicable to such organisations.
Section 24 of RTI Act provides immunity from RTI Act to intelligence and security agencies like CBI.
The judge noted that the proviso to Section 24 permits information pertaining to allegations of corruption and human rights violations 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 RTI Act.
“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 Petitioner has levelled allegations regarding corruption in purchase of cleaner disinfectants and fogging solution at JPNA Trauma Centre, AIIMS, New Delhi and this case, therefore, does not deal with any kind of sensitive investigation.” the judge noted in his order.
CBI moved the high court against a 2019 order passed by the Chief Information Commissioner (CIC) directing it to furnish information to whistleblower IFS officer Sanjeev Chaturvedi.
Chaturvedi had sought information from the CBI about a probe conducted by it into the alleged corruption at Jai Prakash Narayan Apex Trauma Centre, AIIMS. Chaturvedi, who was serving as the chief vigilance officer at AIIMS had flagged these issues while in office.
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The high court in its January 30 order ruled that the information sought did not deal with any sensitive investigation.
“In the absence of anything on record to demonstrate that investigation regarding malpractices in 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 jeopardize any other serious investigation, this Court is not in a position to accept the argument of the CBI in the facts of this case.” the judge ruled.
However, the court added that in appropriate cases, it is always open for the CBI to establish that the information sought for regarding a particular investigation is sensitive in nature and on considering the nature of sensitivity involved.
“…keeping in mind the object of Section 24 of the RTI Act and keeping in mind the purpose for which Section 24 was brought in the statute book, it is always open for the CPIO to refuse grant of such information.” the court order said.