HC upholds CBI`s exclusion from RTI Act
Chennai: The Madras High Court, on Friday upheld the Centre`s decision to exclude the CBI from the ambit of the RTI Act, holding that it found no error in the government`s position that the investigating agency was a security and intelligence organisation.
"We find no error in the decision of the government of India to include the CBI in the Second Schedule of the RTI Act," a bench comprising Chief Justice, M Y Eqbal and Justice T S Sivagnanan held, dismissing a petition challenging the Centre`s June 9 notification excluding the CBI from the Act.
The second schedule exempts security and intelligence organisations from disclosing any information under the transparency act except in certain cases including allegations of human rights violations.
Passing orders on the petition filed by RTI activist and advocate S Vijayalakashmi, the court said, the matter had been considered at all levels before the government decided that the CBI was a security and intelligence organisation.
"We find no justifiable reasons to depart from such findings, which appears to have been arrived at after considering all materials placed before the government, taken
note of by the Committee of Secretaries and other authorities, prior to issuance of the impugned notification," it said.
Noting that intelligence led approach had enabled the CBI to make headway in sensitive cases with a direct bearing on national and internal security, the court said, "Therefore, we are convinced that the CBI could very well be termed as an
intelligence agency of the government of India."
On the question, whether the CBI was both an intelligence and security organisation, the bench said, the security of the state could be affected in various ways including corruption involving officials, unauthorised disclosure of state secrets, economic offences to destabilise national economy.
"Therefore, intelligence gathering is an inseparable part of the work of a security agency. Thus it can be safely concluded that the security of the state is a very broad concept," the judges said, adding they were convinced CBI would qualify to be defined as a security organisation as well.
Indisputably, the CBI was dealing with so many cases of larger public interest and the disclosure of information "shall have great impact not only within the country but abroad also and jeopardise its work", the Bench said.
The court did not entertain the apprehension that the CBI, by virtue of its inclusion in the second schedule, had got a blanket exemption.
Information pertaining to allegations of corruption and human rights violation by the CBI were not excluded under sub-section (1) of Section 24 of the RTI Act, it pointed out.
More from India
More from World
More from Sports
More from Entertaiment
- Dr Subhash Chandra Show: Aspiring for more than what you have!
- Mathura SSP receives death threat letter, message for PM Modi
- Reservation issue: Police register case against Bainsla, 20 others
- Zee Media exclusive interview with Haryana CM Manohar Lal Khattar
- Zee Media exclusive chat with 'Welcome to Karachi' cast
- UP Minister allegedly threatens, abuses Gonda businessman
- Manali: Heavy corruption found in environmental taxes
- Aapke Sitare: Astro prediction for May 24, 2015
- Watch: Fast N Facts @ 7:30pm
- One year of Modi govt: How satisfied is the common man?
- Mumbai architecture creates double decker bus from scrap!
- One year of Modi govt: How satisfied is the common man? Part-2
- Jaipur girl Mini Rajpal wins Miss India Deaf 2015!
- Five unmanned parachutes spotted over Mumbai airport
- UP: Jammu-bound Muri Express derails in Kaushambi
- IPL 2015 Final: MI vs CSK - As it happened...
- CBSE.nic.in 12th XII Results 2015: CBSE Board (cbseresults.nic.in) Class 12th XII Exam Results 2015 to be announced on May 25
- Heatwave continues in North India; death toll in Andhra Pradesh, Telangana more than 400
- IPL 2015 final: Mumbai Indians thrash Chennai Super Kings by 41 runs to lift second title
- Organisation demands re-examination of AIPMT 2015
- Death threat to PM Narendra Modi ahead of Mathura rally sends police into tizzy
- Kejriwal completes 100 days in office, AAP says centre 'shadow boxing' over row with LG
- CBSE Class 12th Board Results 2015 to be announced on Monday, May 25
- Online filing of applications for UPSC civil services exam begins
- No alliance with JD-U in Bihar: BJP
- Not just today, Muslims feeling alienated since 1947: Najma Heptulla
- Check cbseresults.nic.in for CBSE Class 12 result 2015
- LIVE - Cbse.nic.in & cbseresults.nic.in Class 12th XII Results 2015: CBSE Board Class 12th XII Exam Results 2015 to be announced shortly
- Police register case against Bainsla, 20 others as Gujjar agitation continues
- Pakistan criticizes Defence Minister Parrikar's terrorism remarks