CBI challenges order permitting information on allegations of corruption

The Central Bureau of Investigation (CBI) has taken its appeal to the Division Bench of the Delhi High Court, contesting a judgment issued by a single bench on January 30, 2024. The single bench’s ruling stated that the proviso to Section 24 of the RTI Act allows information regarding allegations of corruption and human rights violations to be disclosed to the respondent.

In its appeal, the CBI aims to overturn the single bench order, which declared that the CBI is not exempt from the RTI and must furnish the requested information on corruption and human rights violations. The Division Bench, led by Acting Chief Justice Manmohan, has issued a notice to IFS officer Sanjeev Chaturvedi, the respondent in the case.

The CBI’s appeal contends that the single judge’s judgment contains a significant error as it fails to consider the legislative intent behind the RTI Act of 2005. While the Act acknowledges the importance of the right to information, it also recognizes that this right is not absolute. Therefore, the legislature included an exemption under Section 24 of the RTI Act to allow intelligence and security organizations like the CBI to operate freely while maintaining necessary secrecy.

However, this exemption comes with the condition that information on allegations of corruption and human rights violations should not be withheld. Mere allegations of corruption or human rights violations are insufficient to trigger the proviso of Section 24(1) of the RTI Act without supporting evidence.

It is well-established that not every RTI applicant who mentions corruption or alleges human rights violations is entitled to receive information from public authorities exempted under Section 24(1) of the RTI Act. The burden of substantiating such allegations lies with the RTI applicant seeking information under the proviso to Section 24(1) of the RTI Act, as stated by the CBI in its appeal.

Previously, the CBI had challenged an order dated November 25, 2019, issued by the Central Information Commission (CIC). This order directed the CPIO of the CBI Anti-Corruption Branch, Delhi, to provide various documents related to investigations into corruption complaints filed by Sanjeev Chaturvedi, Chief Vigilance Officer of AIIMS. These documents included file notings, correspondences, and reports related to multiple corruption complaints investigated by the CBI.