CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2008/01443
Dated, the 17th March, 2009.
Appellant : Shri Ravinder Singh Mann
Respondents : Directorate of Revenue Intelligence
This matter was heard on 05.03.2009. Appellant, who is still in judicial
custody, facing a trial, was brought along with two escorts for the hearing.
Respondents were represented by the CPIO, Shri Sunil Kumar, Deputy Director.
2. Appellant’s RTI-application dated 08.03.2008 comprised 24 items of
queries. These were all related to his arrest in the year 2004 by DRI and his
subsequent trial. Appellant believes that unless these information (as annexed to
this order) is disclosed to him, his trial before the Court will suffer, which will
impact his human rights.
3. Respondents had taken the plea that DRI was not obliged to answer these
queries as the organization (DRI) was exempt under Section 24 read with Second
Schedule of the RTI Act. It is also the plea that appellant was arrested as per the
provisions of law and has been properly arraigned before the Trial Court to
answer for his crimes. There cannot be human rights violation in the matter
where the procedures established by law have been rigorously followed.
4. Appellant made an impassioned plea before the Commission that he was a
victim of DRI’s machinations and has been wrongly arraigned. He urged that the
exemption under Section 24 should not be applied mechanically but in each case
it should be examined whether the information sought to be disclosed had a
bearing on the case establishing a person’s innocence. A mechanical application
of Section 24 would amount to denying to a citizen his right of speech and
expression guaranteed by the Constitution, when the public authority
encroaching on the right happens to be an organization exempted under the
relevant Section of the RTI Act, e.g. the DRI in this case.
Decision:
5. Section 24 of the RTI Act is an autonomous and self-contained provision,
which not only spells out the public authorities exempted from the purview of the
RTI Act, it also spells out the circumstances in which such exemption can be
AT-17032009-03.doc
Page 1 of 2
revoked. Unless the circumstances of human rights violation or corruption are
present, the public authority enjoying the exemption should not be subjected to
any other scrutiny. In other words, except when a plea of human rights violation
and corruption is specifically taken in a given case, Commission should not go
behind the exemption enjoyed under Section 24 of the RTI Act by a public
authority to explore whether there were other circumstances invalidating the
claim of exemption by such public authority. The exceptions ⎯ i.e. human
rights violation and allegations of corruption ⎯ cannot be allowed to be taken in
a routine or light manner. Commission should carefully examine whether the
invoking of these exemptions by a petitioner has some substance.
6. In this light, I’m afraid the contention of the petitioner for revoking the
exemption enjoyed under Section 24 by DRI does not inspire conviction. He has
been arrested and brought to trial by the DRI after they had followed all statutory
requirements. In the face of it, a plea of violation of human rights does not seem
plausible.
7. It is not, therefore, possible to allow this appeal as it is.
8. However, I’m also aware that the petitioner, who was arrested in the year
2004, is still in judicial custody after 5 years and his trial is far from over.
I would, therefore, urge the Appellate Authority to go over the appellant’s
RTI-application once again and to see whether there are items in the requested
information which DRI can part with without in any way compromising its
exempt status or its case against the appellant before the law court. AA is
advised to finalize this within 4 weeks of the receipt of this order. This exercise
will be independent of this appeal and not open to further challenge under RTI
Act.
9. Appeal disposed of with these directions.
10. Copy of this direction be sent to the parties.
( A.N. TIWARI )
INFORMATION COMMISSIONER
AT-17032009-03.doc
Page 2 of 2