2017 (9) TMI 2039 - HC - Indian Laws

Interpretation of Section 24(1) of the Right to Information Act 2005 - exemption of intelligence and security organizations from disclosure of information - HELD THAT - The respondent who is present in Court states that the information sought by him has become stale and he be permitted to file a fresh application under the Act. Plainly the respondent is not precluded from filing an application before the petitioner for information relating to allegations of corruption or human rights violation. In the event such application is filed the petitioner would examine the same. Although it would not be open for the petitioner to claim that information relating to allegations of corruption in other organisation is exempt from disclosure however the petitioner would be at liberty to examine whether the information sought by the petitioner is exempt under any of the clauses of Section 8(1) of the Act. The CIC had also awarded cost of Rs. 153/- to the petitioner which the petitioner has not been paid as yet. The petitioner is directed to pay the sum alongwith interest at the rate of 12% per annum from 31.10.2012 till the date of payment. Such payment as directed be paid within a period of four weeks from today. The petition is disposed of.

Summary

Issues:
Interpretation of Section 24(1) of the Right to Information Act, 2005 regarding exemption of intelligence and security organizations from disclosure of information.

Analysis:
The petitioner challenged an order by the Central Information Commission (CIC) directing them to provide information sought by the respondent. The petitioner, Central Bureau of Investigation (CBI), claimed exemption from the Act under section 24(1) as an organization in the second schedule. The respondent argued that the information sought was not exempt under the proviso to section 24(1) of the Act. The main issue was whether the information sought fell within the proviso to Section 24(1) of the Act.

The respondent had requested various information from different government departments and organizations. The petitioner, CBI, had responded citing their exemption under section 24(1) of the Act due to being in the second schedule. The first proviso to Section 24(1) states that information related to allegations of corruption and human rights violations shall not be excluded from disclosure. The petitioner contended that since the information sought was related to allegations of corruption, it was not exempt under Section 24(1) of the Act.

The petitioner argued that the proviso should be narrowly interpreted to exclude only information related to allegations of corruption against the public authority, in this case, the CBI. They claimed that since the information sought pertained to corruption in other organizations, the proviso did not apply, and they were not obligated to disclose it. However, a previous decision by the court clarified that the proviso applies to all information related to allegations of corruption and human rights violations, regardless of the organization or individual involved.

The court noted that the respondent could file a fresh application for information related to corruption or human rights violations, and the petitioner would need to examine it. The petitioner could not claim exemption for information related to corruption in other organizations but could assess if the information was exempt under Section 8(1) of the Act. The court also directed the petitioner to pay the awarded costs within a specified period.

In conclusion, the petition was disposed of, emphasizing the interpretation of Section 24(1) regarding the disclosure of information related to corruption and human rights violations, irrespective of the organization involved.