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12 downloadsExemption of Information pertaining to the allegations of corruption and human rights violations for Intelligence organization cannot be notified by State Government In terms of Section 24(4), the State Government is empowered to notify in the Official Gazette that nothing contained in the Right to Information Act shall apply to such intelligence and security organization being organizations established by the State Government. Nevertheless, in the light of the first proviso, such power being conferred on the State Government to notify exempting such intelligence and security organizations, it cannot notify in respect of the information pertaining to the allegations of corruption and human rights violations. As a necessary corollary, the power to exempt from the provisions of the Act is not available to the State Government even in case of intelligence and security organizations in respect of the information pertaining to the allegations of corruption and human rights violations. The application of the notification depends upon the nature of information required.
pctiwary posted a question in Ask for RTI SupportI have filed Tax evasion petition against my F.I.L . He was ex-employee to VECC, Kolkata, a dept of BARC. I then followup my complaint with RTI. I just sought information about status. It was rejected under section 24 of RTI. No details mentioned Need suggestions 1. Can it be rejected under section 24 ? 2. if possible some citation for first appeal Note : Reason for filing TEP as i am being falsely implicated u/s 498A for taking dowry.
Reported by By Chaitanya Swamy H M in Bangaloremirror.com on Dec 6, 2013 CID protected from hampering RTIs - Bangalore Mirror CID protected from hampering RTIs Investigation details of CID sleuths in several sensational cases like Swami Nithyananda, PUC question paper racket, KPSC job for sale racket and Sowjanya murder case were made public through RTI. The revelations, while creating controversies, had also diluted the investigation process. Applying brakes on revealing investigation details under Right to Information Act, the Criminal Investigation Department (CID) has obtained an exemption from the government under RTI act and is now immune to the flood of RTI applications seeking investigation details of various cases. A couple of months ago, the Department of Personnel and Administrative Reforms (DPAR) issued an official notification exempting the CID from the ambit of RTI. According to the notification, a copy of which is with Bangalore Mirror, the CID has been added to list of institutes and organizations that have are exempt from giving information under RTI. "In exercise of the powers conferred by sub section (4) of section 24 of the RTI Act 2005 read with section 21 of the General Clauses Act 1897, the government of Karnataka hereby proposes to make amendment to the notification no DPAR 44 RTI 2004 dated 5 December 2005 and the Criminal Investigation Department (CID) in police department (investigation and intelligence report) be inserted," the notification said. Acknowledging the exemption, Director General of Police, CID, Bipin Gopalakrishna said: "We (CID) had sent a proposal to the government requesting to keep the matters investigated by CID confidential and not be divulged under the Right to Information Act. Examining our proposal, the government has got convinced and passed an order in this regard." However, the investigation of information relating to cases of corruption and human rights violation are not exempted under RTI and still can be availed under the RTI act. "Other than corruption and human rights violation cases, all cases will now be investigated with confidentiality at every step. The investigation reports and chargesheets have to be submitted directly to the court and we are not supposed to share such information under RTI," Gopalakrishna said. Another senior police officer attached with CID wing of the state police explained further: "Information related to economic offences, intelligence reports, inquiry reports of burglary, murders, homicide reports, counterfeit currency cases and illegal arms and explosive related cases will not be shared under RTI." It could be recalled that investigation details in several high profile cases were revealed to public and media through RTI which either diluted the investigation or retarded the pace of the investigation. In couple of high profile cases, injunction was issued for publishing or telecasting investigation and interrogation details of the crime and accused. Details about sensitive cases had lead to high pitched debates about the sanctity of investigations by CID sleuths.