The Central Information Commission (CIC) has directed the Research and Analysis Wing (RAW) to disclose details of cases of sexual exploitation, human rights violation and corruption registered against its officials. While hearing an appeal filed under the Right to Information Act on June 26, the CIC rejected RAW’s argument that it was exempted from giving out information under the RTI Act and asked India’s external agency to provide all the details within ten working days.
An applicant had filed an RTI application in the Cabinet Secretariat, which controls the RAW, asking a list of those officials against whom cases have been registered for the above offences and update of the cases. But the Central Public Information Officer and the First Appellate Authority refused the information, citing the exemption clause of the transparency law.
During the hearing, the officials of the Cabinet Secretariat argued that their organisation, being an exempted one, was not required to disclose the desired information. They also argued this was an indirect attempt to elicit information from an exempted organisation and, therefore, should not be acceded to.
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“After carefully considering the facts of the case,” wrote the Chief Information Commissioner Satyananda Mishra, “we are of the view that the desired information is clearly covered under the proviso to section 24 of the Right to Information (RTI) Act.”
“The desired information is about the details of the cases registered against officials of this organisation for corruption, human rights violation and sexual exploitation... any information in this regard will have to be disclosed,” the CIC ordered.
“We direct the CPIO concerned to provide to the Appellant within ten working days of receiving this order a list of those officials against whom cases have been registered by competent agencies for the above offences in the last nine years,” the CIC held.
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The CIC also asked the RAW to disclose the name and designation of the official concerned, the date/year of the registration of the case, details of the charge/the status of the case at present and if the organisation itself has taken any action against the employee concerned.
The CIC website lists 22 organisations which are exempted from disclosing information under the RTI Act like National Investigation Agency, Directorate of Enforcement, Natgrid and CBI, Central Economic Intelligence Bureau, Directorate of Revenue Intelligence, Narcotics Control Bureau, Aviation Research Centre and Special Frontier Force.