At last Vigilance Cell of Central Bureau of Investigation (CBI) has given some information about details of complaints that resulted in any action against CBI personnel in last three years. Otherwise most other units of CBI were not providing even information relating to corruption and human rights violation which is not exempted under Section 24 of RTI Act for exempted organisations including CBI listed in second schedule of RTI Act.
CBI cannot claim exemption by being under second schedule of RTI Act for queries relating to corruption and human rights violation. A Division Bench of Madras High Court in its final verdict dated 06.04.2011 in W.A. 320 & 321 of 2010 in matters ‘R Karthikeyanvs The Tamilnadu Information Commission’ and ‘V Madhavvs The Tamilnadu Information Commission’ made it clear that information relating to corruption and human rights violation outside the exempted organisation is also covered under RTI Act. Similar decision dated 27.01.2011 is given by Punjab & Haryana High Court in CWP 12904 of 2009.
Supreme Court in Civil Appeal 6454 of 2011 in the matter ‘Central Board of Secondary Education vsAdityaBandopadhyaya vide its order dated 09.08.2011 held that information relating to transparency and to contain corruption has to be disclosed in any case. Supreme Court in Civil Appeal number 7571 of 2011 decided on 02.09.2011 held “Public Authorities should realise that in an era of transparency, previous practices of unwarranted secrecy have no longer a place. Accountability and prevention of corruption is possible only through transparency.”
Subhash Chandra Agrawal
Delhi