Intelligence Bureau exempt from rigours of RTI: Delhi HC

Delhi High Court

The Delhi High Court has rejected a plea for disclosure of information by the Intelligence Bureau under the RTI Act on the basis of "bald averments alleging corruption", noting the agency is exempt on account of it being specified so in the transparency law.

The appellant, who challenged a single judge’s order refusing to grant him any relief, had filed an RTI application seeking information pertaining to a recruitment examination held by the IB. He alleged certain irregularities in the recruitment process. A bench headed by Chief Justice Satish Chandra Sharma dismissed the appeal and said unsubstantiated submissions alleging corruption cannot be made the bedrock to direct an organisation specified under the Second Schedule of the RTI Act to disclose information.

"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," the bench, also comprising Justice Sanjeev Narula, said in a recent order.

"Unsubstantiated submissions; and bald averments alleging corruption cannot be made the bedrock of a direction from this Court to an organisation specified under the Second Schedule of the RTI Act," it stated. The appellant had unsuccessfully appeared in the examination and subsequently filed the RTI application seeking information with respect to the marks obtained by him, the cut-off marks, a copy of his OMR sheet and his model answer key.