LI Network
Published on: October 20, 2023 at 11:17 IST
The Delhi High Court has declined a request for the release of information by the Intelligence Bureau (IB) under the Right to Information (RTI) Act.
The decision was based on allegations of corruption lacking substantiation, as the agency is exempt from the RTI Act’s requirements due to its inclusion in the Second Schedule of the transparency law.
The appellant, who contested a previous order from a single judge that denied him any relief, had submitted an RTI application to acquire information related to a recruitment examination conducted by the IB. He raised concerns about irregularities in the recruitment process.
A bench led by Chief Justice Satish Chandra Sharma dismissed the appeal, emphasizing that unsupported claims of corruption cannot be used as a basis to compel an organization specified in the Second Schedule of the RTI Act to disclose information.
The bench stated, “Undoubtedly, the IB is an organization specified under the Second Schedule of the RTI Act, and, accordingly, under Section 24 of the RTI Act, the IB is exempt from the rigors of the RTI Act. Certain exceptions have been carved out wherein the information requisitioned is strictly in relation to (i) allegations of corruption; and / or (ii) allegations of human rights violations.”
The court further affirmed, “Unsubstantiated submissions and baseless allegations of corruption cannot form the basis for a court order directing an organization specified under the Second Schedule of the RTI Act.”
The appellant, who was unsuccessful in the examination, had sought information about his marks, the cutoff marks, a copy of his OMR sheet, and his model answer key through the RTI application.