Security agencies not exempt under Sec 124 of RTI

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New Delhi, Jan 25 (UNI) The Central Information Commission (CIC) has ruled that in the normal course a case of fictitious prosecution or illegal confinement falls within the meaning of human rights violation and disclosure of information about such cases could not be avoided seeking refuge in the RTI Act Section 24 (1).

While expempting the intelligence and secrutiny organisations specified in the Second Schedule from disclosure of the information, the section of the Right to Information makes an exception in case of the information pertaining to the allegations of corruption and human rights violations, the CIC said.

The Commission's ruling came in a case in which one Yasmeen Bano of Barabanki district in Uttar Pradesh made an application in April last year to APIO, DG, Narcotics Control Bureau (NCB) seeking information on action taken on her request complaining of false implication of her husband which she stated had been forwarded to DG by the senior officer of STF, UP on August 21, 2006.

However, she was refused information on the ground that NCB was listed in the second schedule of the RTI Act and as per section 24 exempt from provisions of the Act.

Mrs Bano then moved a complaint to CIC saying that under section 8 of the Official Secrets Act 1923, information can be furnished to the applicant. This matter falls under corruption and violation of human rights.

The Commission after examining the case has directed Sandeep Mittal, Deputy Director (A) and CPIO, Narcotic Control Bureau to submit the details of the case against Ali Ahmed, husband of Mrs Bano so as to demonstrate to the Commission clearly that this cannot be construed as a case of human rights violation.


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