Information regarding a complaint filed with the Directorate of Enforcement
The applicant had filed a complaint with the Directorate of Enforcement against a company and its directors regarding money laundering activities. He then filed an application seeking information with regard to his complaint such as the action taken on his complaint. The PIO informed the applicant that section 24 of the Right to Information (RTI) Act states “nothing contained in this Act shall apply to the intelligence and security organizations specified in the Second Schedule”. The Directorate of Enforcement was listed in the second schedule of the RTI Act and thus the information could not be provided in view of exemption granted under section 24 of the RTI Act. The appellant submitted that the company was into money laundering and had connections with underworld elements. He also invoked the charges of corruption in the respondent department and named various officials for their collusion with the promoters of the company.
View of CIC
The Central Information Commission (CIC) observed that the organizations listed in the Second Schedule are exempt from the application of the RTI Act with the proviso that information pertaining to allegations of corruption and human rights violation shall not be excluded. Since the appellant had categorically made allegation of corruption the respondents were directed to submit a written submission in support of their contention that information sought by the appellant does not attract the aforesaid provision to section 24(1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: of RTI Act. In view of which the Commission shall further issue an order.
Citation: Mr. Sandeep Verghese v. Directorate of Enforcement in Case No. CIC/SS/A/2011/1780
RTI Citation : RTIFI/2012/CIC/283
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