HC asks IB to consider parting with immigration details

Though Intelligence Bureau is exempted under RTI except in corruption and human rights cases, Delhi High Court has suggested that it consider parting with immigration details sought by a man about a person with whom he was engaged in a legal battle.
The court was disposing of Centre's plea challenging the Central Information Commission's directions to Ministry of Home Affairs (MHA) to provide immigration details about Dr Vijay Kumar Vyas on an RTI application of Adarsh Sharma after the IB refused to give him the information citing exemption from RTI.
"...The provisions of the RTI Act would not apply to the aforesaid (IB) organisation except in the matters relating to allegations of corruption and human rights violation.

"However, in my view, if an information of the nature sought by the respondent is easily available with the Intelligence Bureau, the agency would be well-advised in assisting a citizen, by providing such an information, despite the fact that it cannot be accessed as a matter of right under the provisions of Right to Information Act," Justice V K Jain said.
Sharma had sought the immigration details of Vyas as a litigation is going on between them in Rajasthan High Court.
"It appears that there is a litigation going on in Rajasthan High Court between the respondent and Vyas. It also appears that respondent (Sharma) has a serious doubt as to whether Vyas, who was reported to have died on September 3,2009, has actually died or not.

"The Intelligence Bureau could possibly help in such matters by providing information as to whether Vyas had actually left India on October 10, 2009 for Auckland.... Therefore, while allowing the writ petition, I direct the IB to consider the request made by respondent on administrative side and take an appropriate decision thereon within four weeks from today," the court said.
When Sharma had approached Home Ministry under RTI Act, the ministry had referred his plea to IB saying the Immigration Office at the Airport is a wing of the agency.
Subsequently, IB refused to provide the informations sought by Sharma saying that it is exempted from the ambit of transparency law as the same is not related to any corruption or human rights violation case.