Information Bureau Is Exempted From RTI Act Except When Information Is Related To Allegations Of Corruption Or Human Rights Violations: Delhi High Court

The Delhi High Court held that per Section 24 of the Right To Information Act (RTI Act), the Information Bureau (IB) is exempted from the rigors of the RTI Act except in cases of allegations of corruption or human rights violations.

The Court dismissed an Appeal filed against the dismissal order of the Court. The Court emphasized that the IB is covered under the Second Schedule and therefore exempted from the rigors of the RTI Act.

The Bench headed by Chief Justice Satish Chandra Sharma and comprising Justice Sanjeev Narula observed, “Undoubtedly, the IB is an organisation specified under the Second Schedule of the RTI Act and, accordingly, under Section 24 of the RTI Act, the IB is exempt from the rigours of the RTI Act. Certain exceptions have been carved out wherein the information requisitioned is strictly in relation to (i) allegations of corruption; and / or (ii) allegations of human rights violations”.

Advocate Sudhir Sharma appeared for the Appellant and Chief Government Standing Counsel Rahul Sharma appeared for the Respondent.

The Appellant appeared for the Assistant Central Intelligence Officer, Grade -II (ACIO II) examination and when the results were declared, the Appellant was not selected. Later, certain newspapers reported irregularities, therefore the Appellant filed an Application seeking information. The Appellant preferred an appeal under the RTI Act but no response was received. Aggrieved by the non-responsive nature of the Respondent Authority, the Appellant preferred a second appeal before the Central Information Commission (CIC/Second Appeal). The Appellant filed a Writ Petition, wherein the Court directed the CIC to consider the complaint. An Appeal was filed before the judgment of the Trial Court whereby the Petition under proviso to Section 24 of the Right To Information Act (RTI Act) was dismissed citing that such an Act does not apply to the Intelligence Bureau (IB).

The Court ascertained the following issue:

“Whether, the Respondent was justified in passing the CIC Order i.e., an order upholding the rejection of the Appellant‟s RTI Application, on account of (i) the IB being an organisation specified under the Second Schedule of the RTI Act read with Section 24 of the RTI Act; and (ii) the information failing to satisfy the exception enshrined under the proviso to Section 24 of the RTI Act”.

The Bench noted that the IB is an organization specified under the Second Schedule of the RTI Act and per Section 24 of the Act, IB is exempted from the rigors of the RTI Act except in cases of allegations of corruption or human rights violations. The Court observed that the Appellant had not sought information related to the category outlined in the abovementioned provisions. Therefore, the Court observed no infirmity in the Judgment.

Accordingly, the Court dismissed the Appeal and affirmed the impugned Judgment.

Cause Title: Adarsh Kanojia v Union Of India (2023:DHC:7608-DB)

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