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Accused can't get RTI info till charges are framed

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HC rejects ex-RAW official’s plea for info under RTI

As reported in Indian Express, Fri Jul 02 2010

 

The Delhi High Court today turned down the plea of a retired Director of Research and Analysis Wing (RAW) seeking direction to the agency to disclose information under the RTI Act.

 

Justice S Muralidhar dismissed the plea of Brig (Retd) Ujjal Dasgupta, a former official of the intelligence agency, who was arrested for allegedly leaking sensitive information to a CIA agent.

 

The court passed the order on a petition of Dasgupta filed against the Centre for not disclosing information about the software ‘Anveshak’ which was crucial to his defence in the espionage case filed against him.

 

Dasgupta, former Director (Computers), RAW, was arrested in 2006 for allegedly violating the Official Secrets Act by passing on sensitive information to an American diplomat Rosanna Minchew.

 

Under the RTI Act, Dasgupta had sought details about the development of ‘Anveshak’, the way it was transferred to RAW -- by floppy disk, CD or pen drive, the agency responsible for installation at the premises of RAW and other such details but the plea was refused by the government agencies.

 

HC rejects ex-RAW official

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sidmis

Accused can't get RTI info till charges are framed: Delhi high court

as reported by Kanu Sharda / DNA July 3, 2010

 

New Delhi: An accused has no right to seek information under the right to information (RTI) Act till charges against him/her have been framed by a court, the Delhi high court has said.

The court’s observation came on a plea by a retired director of the Research and Analysis Wing (RAW) seeking direction to various agencies to disclose information under RTI.

 

The court of justice S Muralidhar dismissed the plea of Brigadier (retd) Ujjal Dasgupta, who had been arrested for leaking sensitive information to an agent of the CIA, America’s spy agency.

 

Dasgupta had filed a petition against the Centre for not disclosing information about software ‘Anveshak’, that was crucial to his defence in the espionage case against him.

 

Dasgupta was arrested in 2006 for violating the official secrets Act by passing on sensitive information to an American diplomat Rosanna Minchew.

 

The court dismissed his contention that not giving him the information amounted to violation of rights.

 

“The matter being before the trial court, the RTI Act cannot be used to circumvent the processes of law already in operation,” the court said.

 

Under the RTI Act, Dasgupta had wanted to know how ‘Anveshak’ was transferred to RAW, which agency installed it there and other details. But his plea was turned down by the government.

 

 

Accused can't get RTI info till charges are framed: Delhi high court - dnaindia.com

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