New Delhi, Jan 30 (PTI) The Delhi High Court has set aside a direction of the Central Information Commission directing the Central Economic Intelligence Bureau (CEIB) to disclose information relating to money laundering, hawala money transactions, smuggling and tax evasion by certain individuals.
The high court was hearing a petition by the CPIO of CEIB challenging the July 3, 2020 order passed by the CIC by which disclosure of certain information to RTI applicant G S Srinivasan was directed.
The high court noted that CEIB is clearly exempted under Section 24(1) of the Right To Information (RTI) Act and the direction to provide the outcome of the complaint, relating to money laundering and tax evasion, to the RTI applicant is not sustainable.
Under this section, intelligence and security organisations specified in the Second Schedule of the RTI Act are exempted from disclosing information except about allegations of corruption and human rights violations.
The high court said a perusal of the complaint and the RTI application shows that they relate to information relating to money laundering business, hawala money transactions, acts of tax evasion and smuggling activities.
“These do not relate to corruption or human rights violations. Thus, the same would not be covered by the exception under the provision to Section 24(1),” it said.
“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.
"Accordingly, the said finding and direction of the CIC is set aside. The writ (petition) is allowed…,” Justice Prathiba M Singh said.
A complaint was filed by the RTI applicant on May 15, 2017 by which information relating to money laundering business, hawala money transactions, smuggling and tax evasion was sought from CEIB and the information was related to certain individuals who were named in the complaint.
The RTI applicant filed his RTI application on December 21, 2017 seeking information about the status of his complaint and action on the same.
The CEIB, in January 2018, had refused to provide the information on the grounds that the same is exempted under Section 24(1) read with Schedule II of the RTI Act.
Thereafter, the first appeal was filed by the RTI applicant and the appellate authority of CEIB confirmed the original order after which the second appeal was before the CIC.
The CIC passed an order on July 3, 2020 concluding that the CEIB is exempted under Section 24 of the Act. However, it went on to direct the authorities to consider providing only the outcome of the complaint to the applicant within 15 working days from the date of receipt of the order.
As no one appeared for the RTI applicant in the proceedings despite service of notice, the high court proceeded ex parte.
The high court said section 24(1) makes it clear that the RTI Act would not apply to the organisations which are specified in the Schedule II of the Act. The only exceptions to this mandate are if there are any allegations of corruption and human rights violations.
Insofar as the CEIB is concerned, the same is listed at serial number 4 in Schedule II of the RTI Act under the heading ‘Intelligence and Security Organisation established by the Central Government’, it said. PTI SKV RT RT