RAW is exempted under RTI Act unless the issue concerns human rights or corruption: Delhi High Court

The Delhi High Court has reiterated that except the character of data sought pertains to human rights or corruption associated points, data on India’s

A view of Delhi High Court, in New Delhi. File
| Photo Credit: Sushil Kumar Verma

The Delhi High Court has reiterated that except the character of data sought pertains to human rights or corruption associated points, data on India’s exterior intelligence company, the Research and Analysis Wing (RAW), just isn’t liable to be disclosed.

“RAW is an organisation which is specifically mentioned in the Section Schedule to the RTI (Right to Information) Act. It is an exempt organisation,” Justice Prathiba M. Singh stated in an order handed on April 26.

The High Court’s commentary got here whereas declining to intrude with an order of the Central Information Commission (CIC) refusing to produce data regarding RAW to former RAW officer Nisha Priya Bhatia.

Ms. Bhatia had sought particulars of purposes for allotment of presidency lodging made by a former RAW chief throughout a sure interval. In response to her RTI question, the Directorate of Estates, Government of India had responded: “The application form contained some service details whose exposure might not be in functional interest of the organization known as RAW”.

Before the High Court, she had challenged the October 30, 2017 order of the CIC, by which it dismissed her attraction, holding that she was not entitled to obtain the knowledge sought. The CIC had reasoned that RAW is roofed by Section 24 of RTI Act as an exempt organisation, and no case of human rights or corruption was made out within the current case to draw the exception.

Section 24 of the RTI Act gives that the Act doesn’t apply to the safety and intelligence organisations specified within the Second Schedule of the Act. RAW is likely one of the organisations specified within the Second Schedule.

However, the primary proviso to Section 24 gives an exception to the exemption supplied in Section 24 if the knowledge sought pertains to allegations of corruption and human rights violations.

Source: www.thehindu.com

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