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2016 (2) TMI 1068 - HC - Indian LawsInformation sought for in the RTI application - Held that - The petitioner is an exempted organisation under the Right to Information Act. Even the information sought does not pertain to allegations of corruption and/or Human Rights Violation.
Issues:
Challenge to orders passed by CIC, Exemption under RTI Act, Failure to appreciate petitioner's exempted status, Compulsion to disclose information, Presence of respondent No.2, Applicability of Section 24(1) of RTI Act, Notification dated 27th March, 2008, Exemption of petitioner under RTI Act, Information sought not related to corruption or human rights violations. Analysis: The judgment concerns a writ petition challenging orders dated 24th June, 2013, and 14th August, 2013, passed by respondent No.1-CIC. The petitioner contested that they were an exempted organization under the Right to Information Act, 2005, and therefore could not be compelled to disclose the information requested in the RTI application. The absence of respondent No.2 during the proceedings was noted, leading the Court to proceed with the matter. The Court referred to Section 24(1) of the RTI Act, which exempts certain intelligence and security organizations specified in the Second Schedule from the Act's provisions. The section clarifies that information related to corruption and human rights violations cannot be excluded. The petitioner's counsel presented a Notification dated 27th March, 2008, amending the Second Schedule to include the petitioner as an exempted organization. Based on the above provisions and the Notification, the Court concluded that the petitioner indeed qualified as an exempted organization under the RTI Act. It was emphasized that the information sought did not involve allegations of corruption or human rights violations. Consequently, the impugned orders from 2013 were set aside, and the writ petition was allowed in favor of the petitioner, affirming their exempted status under the RTI Act and relieving them from the obligation to disclose the requested information.
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