CEIB Cannot Be Directed To Provide Outcome Of Complaint On Money Laundering Business, Hawala Transactions Under RTI Act: Delhi HC

The Delhi High Court has observed that the Central Economic Intelligence Bureau is exempted under Section 24(1) read with Schedule II of the Right To Information Act, therefore it cannot be directed to provide the outcome of the complaint on money laundering business, hawala money transactions.

The bench of Justice Pratibha Singh made this observation while dealing with the plea by Central Economic Intelligence Bureau challenging the order of Central Information Commission (CIC) by which disclosure of certain information to the RTI Applicant was directed.

In this case, a complaint was preferred by the RTI Applicant by which information relating to money laundering business, hawala money transactions, smuggling and tax evasion was sought from the Central Economic Intelligence Bureau (CEIB).

The Petitioner-CEIB refused the said information on the ground that the same is exempted under Section 24(1) read with Schedule II of the Right to Information Act, 2005.

The RTI applicant approached CIC.

The CIC came to the conclusion that the CEIB is exempted under Section 24 of the RTI Act, however, it went on to direct CEIB that it should consider providing only the outcome of the complaint to the RTI applicant.

Aggrieved CEIB approached High Court.

CGSC Ravi Prakash with Advocates Varun Agarwal and Farman Ali appeared for the Petitioner whereas none appeared for Respondent.

The Court noted that Section 24(1) states that the RTI Act would not apply to the organizations which are specified in the Schedule II of the Act and the only exceptions to this mandate is if there are any allegations of corruption and human rights violations.

The Court further noted that RTI application relate to information relating to money laundering business, hawala money transactions which do not relate to corruption or human rights violations.

Therefore the Court observed 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.”

Thus the Court set aside the direction of the CIC.

Cause Title- CPIO, Central Economic Intelligence Bureau v. G.S. Srinivasan

Click here to read/download Order