New Delhi: The Central Information Commission has sought legal advice for disclosing information on cases related to human rights violations by personnel of paramilitary forces under the RTI Act.
Chief Information Commissioner Wajahat Habibullah told
a news agency that "number of these (human rights violations) cases
have come to our notice. We are seeking legal advice on the
matter and it will be decided soon by a full Bench of the
Commission."
According to the second schedule of the Right to
Information Act 2005, intelligence and security agencies
established by the Central government including the
paramilitary forces have been kept outside its ambit.
However, the information related to the allegations of
corruption and human rights violations can be given. The
disclosure of information about human rights violations is
made after getting nod of the CIC within 45 days.
Section 24 (1) of the Act reads, "... in the case of
information sought for is in respect of allegations of
violation of human rights, the information shall only be
provided after the approval of the Central Information
Commission, and notwithstanding anything contained in Section
seven, such information shall be provided within forty-five
days from the date of the receipt of request."
Exercising his Right to Information, an applicant has
asked for the details related to human rights violations from
all seven paramilitary forces -- National Security Guard
(NSG), Assam Rifles (AR), Central Industrial Security Force
(CISF), Border Security Force (BSF), Sashastra Seema Bal
(SSB), Indo-Tibetan Border Police (ITBP) and Central Reserve
Police Force (CRPF) -- in the past five years.
All forces except CRPF have provided information to the
applicant. The CRPF has instead forwarded a request to the CIC
in December 2008 requesting permission to disclose the
information as per the requirements of Section 24 of the
transparency law.
The RTI Act does not apply to 18 organisations including
Intelligence and enforcement agencies, some investigating
departments of police force and paramilitary forces.
Between December 2008 and January 2010, the Commission
did not give response to six reminders sent by CRPF requesting
its permission to provide information to the applicant.
PTI
First Published: Thursday, January 14, 2010, 15:44