Information relating to corruption cases of officers of CBI, copy of FIR registered, suspension order of various persons was denied claiming exemption u/s 24(1) - Appellant referred to the proviso - CIC: Respondent’s request for some more time accepted
9 Nov, 2015ORDER
1. Shri Harkrishan Das Nijhawan filed a RTI application under Right to Information Act, 2005 (RTI Act) on 20.05.2013 with the Asst. Inspector General.(P)II / CPIO, CBI, Vigilance Cell New Delhi seeking information on 12 points relating to corruption cases of officers of CBI, copy of FIR registered by CBI, suspension order of various persons etc.
2. The CPIO denied the information as CBI is an exempted organization u/s 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: 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 the RTI Act. The appellant filed FA before the FAA on 04.06.2013 on grounds of ‘deemed refusal’ by CPIO. The FAA passed an order dated 18.06.2013. Aggrieved by the response of the FAA, the complainant filed the present complaint before the Commission on 21.08.2013.
Hearing:
3. The appellant Shri Harkrishan Das Nijhawan and the respondent Shri Vineet Vinayak, CPIO and DIG, CBI were present in person. The respondent submitted written submission, a copy of which has also been marked to the appellant.
4. The appellant submitted that the information sought pertains to corruption within CBI. Hence, the exemption under Section 24 of the RTI Act is not applicable in view of the proviso 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: 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: that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this subsection. Despite this, Shri Sujit Pandey, CPIO and DIG, ACI intimated that since the Government of India vide Notification dated 09.06.2011 has placed CBI at SI. No. 23 of Second Schedule of the Right of Information Act, 2005, the RTI Act is not applicable on CBI. In view of this, no information has been provided to the appellant. The appellate authority also upheld the decision of the CPIO vide order dated 18.06.2013.
6. The respondent requested that in view of the appellant’s contention that information pertaining to allegation of corruption shall not be excluded under Section 24 (1) of RTI Act, he may be given some more time to have the matter relating to providing information to the appellant reexamined keeping in view his written submission dated 27.07.2015. The appellant submitted that he has no objection to the request of the respondent.
Decision:
7. The Commission considered the request of the respondent for some more time and decided to adjourn the hearing to 31.08.2015 at 01.30 p.m.
8. Copy of decision be given free of cost to the parties.
(Sudhir Bhargava)
Information Commissioner
Citation: Shri Harkrishan Das Nijhawan v. CBI, Anti CorruptionI in Decision No.CIC/SM/A/2013/001239/SB