In contrast, Intelligence Bureau, which holds information pertaining to security and intelligence is regularly filing returns with the Central Information Commission despite being in the list of exempted organisations, an analysis of annual report of the Central Information Commission done by activist Venkatesh Nayak of Commonwealth Human Rights Initiative reveals.
Nayak says CBI, which functions under the Department of Personnel and Training, nodal ministry for RTI implementation, has stopped reporting RTI statistics since 2012 after it was notified under Section 24 of the RTI Act.
The provisions of the RTI Act do not apply on the exempted organisations but when it comes to any material in any form held by them pertaining to allegations of corruption and human rights violations provisions of the transparency law have to be abided by.
CBI which is like any other state police primarily deals with allegations of corruption has been avoiding to follow mandatory provisions of the law.
"By holding such a position... Readers end up disrespecting the security and intelligence organisations which faithfully report RTI stats, like the Intelligence Bureau (IB) and the Central Reserve Police Force (CRPF) for example," he said.
The IB and the CRPF have no problems with giving such harmless information, he said.
"As on date, the Government of India has notified 25 security and intelligence organisations as exempted from the ordinary obligations of transparency under the RTI Act like their parent departments and ministries and other public authorities. However, they are required to provide access to information if it relates to allegations of corruption and human rights violation. Such information must not be withheld under the RTI Act," Nayak said.
He said by logical extension of this statutory requirement, they must also submit their reports to the CIC under Section 25 of the Act about the number of RTI applications received, amount of fees collected and details of cases where access to information was rejected.
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