Appellant sought a cop of the opinion taken by CBI from the Law Ministry on the basis of which an appeal was filed in the High Court against him - Appellant: Information should be provided under principles of natural justice - CIC: Denial upheld
10 Jan, 2015The appellant wants a copy of the opinion sought and was of the view that Section 24 does not apply in this case as the Law Ministry from whom the opinion was sought, does not come under the exemption clause. Under Article 19 of the Constitution the appellant has a fundamental right to know and principle of natural justice also demands that the information sought be provided.
and the information sought does not pertain to any corruption or human rights violation
Heard today, dated 18.07.2014. Appellant is present along with Ch. Ram Kishan. Public Authority is represented by Shri R.Gambhir, ASP CBI, New Delhi.
FACTS
Vide RTI dt 11.2.13, appellant had sought information on 3 points relating to comments from the Deptt of Law & Justice for filing an appeal before the High Court of Delhi in RC No.37(A)/2004.
2. CPIO vide letter dt 19.2.13, informed appellant that the CBI as an organization was exempted from the purview of the RTI Act.
3. An appeal was filed on 13.5.13.
4. AA vide order dt 23.5.13, observed that the reply of the CPIO was justified as the applicant has sought information relating to a CBI case and not information pertaining to any corruption or human rights violation in CBI. Hence, decision of CPIO was upheld.
5. Submissions made by the appellant and public authority were heard. Appellant submitted that he had been acquitted from the Sessions’ Court (Special CBI Court) in a corruption case. Subsequently, the CBI sought opinion from the Law Ministry and an appeal was filed in the High Court. The appellant wants a copy of the opinion sought and was of the view that Section 24 does not apply in this case as the Law Ministry from whom the opinion was sought, does not come under the exemption clause. Under Article 19 of the Constitution the appellant has a fundamental right to know and principle of natural justice also demands that the information sought be provided. In support of his arguments, appellant refers to two cases of Madras High Court. Public authority submitted that the information sought was exempted from disclosure as the CBI was an exempt organization and the information sought does not pertain to any corruption or human rights violation.
DECISION
6. The Commission agrees with the submissions of the public authority that the CBI is an exempt organisation u/s 24 of the RTI Act and the information sought does not pertain to any corruption or human rights violation. The appeal is disposed of.
(Rajiv Mathur)
Chief Information Commissioner
Citation: Shri Attar Singh Kaushik v. CBI, New Delhi in File No.CIC/SM/A/2013/001051/RM