HC stays CIC's decision asking CBI to disclose info on graft

The Delhi High Court has stayed a CIC decision that organisations like the CBI, which are exempted from sharing information under transparency law RTI, will have to respond to queries relating to alleged corruption within the agencies.
"The operation of the order passed by the Central Information Commission on June 4, 2014 will remain stayed," Justice Vibhu Bakhru said after hearing brief arguments from the counsel for the CBI.
The probe agency has challenged the order of the apex transparency panel asking it to provide information to RTI activist Subhash Chandra Agrawal on the ground that the queries pertained to allegations of corruption.

"Section 24 of the Right to Information (RTI) Act has exempted certain organisations from the purview of the RTI Act, including the CBI. However, information pertaining to allegations of corruption and human rights violations have been excluded.
"The appellant's contention that he was seeking information relating to corruption within the organisation, has merit and the response provided by DIG CBI AC-III, dated 26.6.13, is misplaced and based on an erroneous interpretation of Section 24," Chief Information Commissioner Rajiv Mathur had said.
The CIC had also directed the CBI and its officers to provide "a point-wise response" and "free of cost" replies to Agrawal within three weeks.

It had also taken note of the fact that if the queries under the RTI relate to various offices of the CBI, then there was no system in place to ensure that they all are responded to.
"Under the provisions of Section 25(5) of the RTI Act, we direct the public authority to evolve a mechanism which would ensure that a consolidated response is provided to the appellant under the provisions of the RTI Act and the representative of the CBI attending the hearing before the Commission is able to respond to the status of the entire RTI," the panel had said.