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2017 Supreme(Del) 3040

IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV SACHDEVA, J.
CPIO, Intelligence Bureau - Petitioner
Versus
Sanjiv Chaturvedi - Respondent
W.P.(C) 5521 of 2016 & CM No. 23078 of 2016 (stay)
Decided On : 23-08-2017

Advocates:
Advocate Appeared:
For the Petitioner: Mr. R.V. Sinha, Mr. R.N. Singh, Mr. A.S. Singh
For the Respondent:Respondent in person

The main legal point established in the judgment is that the exceptions under Section 24 of the Right to Information Act, 2005, apply to any information pertaining to allegations of corruption and human rights violation, emphasizing transparency and accountability in the functioning of public authorities.

Headnote:

Right to Information - Intelligence Bureau - Act 2005, Section 24 - Summary of Acts and Sections: The court discussed the provisions of Section 24 of the Right to Information Act, 2005, and its provisos, particularly focusing on the exceptions related to allegations of corruption and human rights violations. The court emphasized that the exceptions apply to any information pertaining to such allegations, irrespective of the organization or officer involved.

Fact of the Case:

The respondent sought a certified copy of an Intelligence Bureau (IB) report concerning allegations of corruption and human rights violation. The IB declined, citing exemption under Section 24 of the Act. The respondent filed an application with the Central Information Commission (CIC), which was allowed, leading to the present petition by the CPIO, Intelligence Bureau.

Finding of the Court:

The court found that the information sought by the respondent fell within the category exempt from the exclusion clause of Section 24, as it pertained to allegations of corruption and human rights violation. The court upheld the CIC's decision and dismissed the petition.

Issues: The key issue was whether the exemption under Section 24 of the Act applied to the information sought by the respondent, considering the allegations of corruption and human rights violation.

Ratio Decidendi: The court held that the exceptions carved out by the proviso to Section 24 applied to any information pertaining to allegations of corruption and human rights violation, irrespective of the organization or officer involved. The court emphasized the importance of transparency and accountability in the functioning of public authorities.

Final Decision: The court dismissed the petition, upholding the CIC's decision to allow the respondent's application for the IB report.

JUDGMENT :

Sanjeev Sachdeva, J.

1. The Central Public Information Officer (hereinafter referred to as CPIO) of the Intelligence Bureau has filed this petition impugning order dated 21.04.2016, passed by the Central Information Commission under the Right to Information Act, 2005 (hereinafter referred to as the ‘Act’).

2. The Central Information Commission (hereinafter referred to as CIC), by the impugned order dated 21.04.2016, has held that the copy of the report of the Intelligence Bureau (hereinafter referred to as IB), concerning the respondent, is information pertaining to allegations of corruption and human rights violation and is, thus, liable to be given to the respondent. The Commission has directed the Intelligence Bureau and the Ministry of Environment, Forests & Climate Change (hereinafter referred to as MoEF) to provide a certified copy of the IB report relating to the respondent, as sought for by him by an application dated 05.12.2015.

3. The directions have been issued by the CIC on arriving at the following conclusion

a. It is factually proved that appellant was put to extreme hardship by the corrupt political rulers and corrupt public servants In retaliation of his unstinted Implementation of rule of law.

b. The gist of IB report as furnished by IB in response to the RTI request of appellant in this case shows that its disclosure could cause no harm to core activity of security or intelligence of IB.

c. section 24 of RTI Act does not authorize the public authorities exempted under this section to block entire Information held by it or generated and given to other public authorities enbloc, but it exclusion from disclosure is limited to that which pertains to core functioning of ‘security’ and ‘intelligence' aspect of exempted organization.

d. The IB report sought by appellant is not the information excluded from purview of disclosure by RTI Act.

e. The IB report is information as per Section 2(f) held by MoEF and also information pertaining to the allegation of corruption or human rights violation as per Section 24 second proviso and hence certified copy of the same shall be given to the appellant.

f. The public authorities exempted under S. 24 cannot use it to stonewall all RTI requests indiscriminately. The IB has a statutory duty to make all arrangements to provide the information other than that concerning ‘security’ and ‘Intelligence’ if it pertains to corruption or human rights violation, or useful to prevent corruption or human rights violation either under voluntary disclosure clauses or other provisions of RTI Act.”

4. The respondent on 05.12.2015 had filed an application seeking information under the Act. The applicant sought the following information:-

“i. Kindly provide me certified copy of all the file noting/documents, correspondences/all type of reports between Ministry of Environment, Forest &Climate Change. Department of Personnel &Training, Cabinet Secretariat and Appointment Committee of Cabinet, regarding interstate Cadre Transfer of Mr. Sanjiv Chaturvedi, IFS, Deputy Secretary AIIMS, New Delhi from Haryana to Uttrakhand (excluding my own representations).

ii. Kindly provide me certified copy of all the file noting/documents/correspondences/all type of reports between Ministry of Environment, Forest & Climate Change, Ministry of Health & Family Welfare, Department of Personnel &Training, Cabinet Secretariat and Appointment Committee of Cabinet, regarding Interstate Cadre Deputation of Mr. Sanjiv Chaturvedi, IFS, Deputy Secretary, AIIMS, New Delhi, to GNCT, Delhi (excluding my own representations).”

5. The CPIO, MoEF, by its response dated 07.01.2016, to the above application, provided copies of all the correspondences and notesheet other than the representations of the respondent.

6. On 18.01.2016, after receipt of the above documents, the respondent requested for supply of the IB report. The request was made on the ground that a mention had been made in the file noting/correspondences of an IB report abou














































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