NEW DELHI, Aug 6:
Information pertaining to allegations of corruption and human rights violations can be sought from CBI under the Right to Information Act as exemption given to the organisation does not cover such records, Lok Sabha was informed today.
Minister of State for Personnel and Training Jitendra Singh said CBI has been included in the Second Schedule to the Right to Information Act, 2005, thereby exempting it from the purview of the Act except in respect of information pertaining to the allegations of corruption and human rights violations.
In a written reply, the Minister said some representations have been received objecting to the inclusion of CBI in the second schedule of the RTI Act, 2005.
“The Government decided to include the Bureau in the Second Schedule after satisfying itself that it qualifies to be included in the Schedule as a security and intelligence organisation and that it is necessary to do so in the interest of the security of the State,” the Minister said.
Organisations listed under Section 24 of the RTI are exempted from disclosure under the Act except when information held by them pertains to allegations of corruption or human rights violation. In such cases, disclosure would be judged by provisions of the RTI Act.
Former Chief Information Commissioner Satyananda Mishra had clarified in one of his decisions that if any information held by an exempted organisation pertaining to allegations of corruption or human rights violation is sought by an applicant, its disclosure would be judged by the RTI Act and the exemption will not apply.
Meanwhile, Lok Sabha was informed that any information about Public Private Partnership projects which can be disclosed under the RTI Act may be accessed through the public authority which has entered into the said arrangement.
Minister of State for Personnel and Training Jitendra Singh said the RTI Act, 2005 is applicable to public authorities as defined under Section 2(h) of the Act, which include bodies owned, controlled or substantially financed by the Government or non-Government organisations substantially financed directly or indirectly by funds provided by the appropriate Government.
“Further, as per Section 2(f) of the Act, information relating to any private body, which can be accessed by public authority under any other law for the time being in force, is already within purview of the RTI Act, 2005,” the minister said in a written reply.
He said information about PPP arrangements which can be disclosed under the RTI Act, 2005 may be accessed through the public authority which has entered into the said arrangements. (PTI)
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