ASSAM RIFLES DO NOT FALL UNDER THE SCOPE OF RTI

ASSAM RIFLES DO NOT FALL UNDER THE SCOPE OF RTI

SHANIKA SHUKLA 

BACKGROUND

Right to information is an act of parliament under which an Indian can seek or request information from a public authority (a body of government) which is responsible to reply within 30 days. An appellant filed an application under right to information before the central public information officer( CPIO), Assam Rifles, Shillong.

The appellant again filed an application when he was denied the information by the commission on the ground that the organization was exempted by section 24 of the Right to information act 2005.

Section 24 of the right to information act 2005 clear specify that the provision of the RTI Act will not apply to intelligence and security organization except in cases of alleged human rights violation or corruption. The intellectual and security organization include organization like special frontier forces(SFF), National security guard(NSG), director of revenue intellectual(DRI), research analysis wing(RAW) of the cabinet secretariat, etc.

CURRENT ISSUE (ASSAM RIFLES DO NOT FALL UNDER THE SCOPE OF RTI)

 The central information commission is an organization to act upon the complaint from those Indian who has not received the requested information from the public authority. On 09^th October, The central information commission(CIC) held that the Assam rifles do not fall under the provision of section 24 of the right to information act 2005. The order was passed in an appeal filed by Rajendra Singh balmiki. He sought information from the respondent, CPIO(central public information officer), directorate general of  Assam Rifles, Shillong. The application was to seek information about his salary, pension, and the other benefits that were paid to him including the inter-alia, the total amount of differential commutation that has been received by the appellant till now and the total amount of additional death/ retirement gratuity received by the appellant.

The appellant was denied from getting the information, stating that the organization was exempted under the right to information act 2005, as it came under the intellectual and security organization stated under section 24 read with the schedule 2 of the RTI. “Nothing on the contrary that Assam rifles have been declared exempted organization under the aforesaid provision.” Chief information commissioner, Sudhir Bhargava said.

He added that “….information has been sought from an organization to which the RTI Act does not apply as per section 24(1) of the right to information. Further, the information sought does not pertain to the allegation of corruption or human right violation. Hence the information cannot be provided to the appellant”.

The appellant Rajendra Singh Balmiki and the respondent Shri S.M. Raza, CPIO, captain attended the hearing via video conference.

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CONCLUSION

The court after hearing the submission and records of both the parties observed that the information has been sought from an organization to which the act does not apply as per section 24(1), as it doesn’t come under the list of intellectual and security organizations exempted from RTI. Secondly, the information sought does not pertain to the allegation of corruption nor the violation of human rights. Thus, the information can be provided to the appellant. With the above observation, the appeal was disposed of.

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