Exempted organisations under RTI cannot be asked to disclose information on hawala etc : Delhi HC

The bench said the information sought through the RTI application was related to “money laundering business, hawala money transactions, acts of tax evasion and smuggling activities”.

“The only exceptions to this mandate are if there are any allegations of corruption and human rights violations,” the bench ruled.

Listen to this article

00:00

1x 1.5x 1.8x

Holding that the Central Economic Intelligence Bureau (CEIB) is exempted from disclosing the information under Right to Information Act, the Delhi High Court recently observed that an exempted organisation cannot be asked to disclose information unless it pertains to a human rights violation.

A single judge bench of Justice Prathiba Singh in its January 25 decision held that provisions of the RTI Act would not apply to the organizations which are specified in the Schedule II of the Act. “The only exceptions to this mandate are if there are any allegations of corruption and human rights violations. Insofar as the CEIB is concerned, the same is listed at serial number 4 in Schedule II of the RTI Act under the heading Intelligence and Security Organisation established by the Central Government”.

The HC was hearing a plea moved by the Chief Public Information Officer (CPIO) of the CEIB against a July 3, 2020 order of the Central Information Commission (CIC) which asked the body to disclose certain information to an RTI applicant.

Story continues below this ad

Perusing the RTI application the HC said that the RTI sought information relating to “money laundering business, hawala money transactions, acts of tax evasion and smuggling activities”.

The HC thereafter observed, “These do not relate to corruption or human rights violations. Thus, the same would not be covered by the exception under the proviso to Section 24(1)”. Under this section, intelligence and security organisations specified in the Second Schedule of the RTI Act are exempted from disclosing information except about allegations of corruption and human rights violations.

“Thus, considering the fact that the Central Economic Intelligence Bureau is clearly exempted under Section 24(1) read with Schedule II of the RTI Act, the direction of the CIC to provide the outcome of the complaint to the Respondent/ RTI Applicant is not sustainable and the same would be contrary to law. Accordingly, the said finding and direction of the CIC is set aside,” the HC said dismissing the CIC’s order.

The RTI applicant filed a complaint in May, 2017 seeking information relating to money laundering business, hawala money transactions, smuggling and tax evasion from CEIB relating to certain individuals who were named in the complaint. He then filed an RTI Application on December 21, 2017 seeking information about the status of his complaint and action on the same. In January 2018 the CEIB refused to provide the information on the ground that the same is exempted under Section 24(1) read with Schedule II of the RTI Act.

Story continues below this ad

Thereafter, the first appeal was filed by the RTI applicant and the appellate authority of CEIB confirmed the original order after which the applicant moved before the CIC. The CIC in its order under challenge before the HC said that CEIB is exempted under Section 24 of the Act but it directed the authorities to consider providing only the outcome of the complaint to the applicant within 15 working days from the date of receipt of the order.

Stay updated with the latest - Click here to follow us on Instagram