New Delhi:
The Delhi High Court on Monday notified the Central Bureau of Investigation (CBI) of a plea from an elderly person who is challenging the order issued in November 2020 by the Chief Information Commissioner (CIC) for refusing the RTI requested information on the status of corruption case registered in 1991.
Justice Yashwant Varma has notified the agency of the plea filed by Kulwant Singh through attorney Arpit Bhargava and requested instructions from the CBI to provide information as requested in the RTI of May 25, 2018. The court has filed the petition. court hearing noted on July 21, 2022.
The Bench noted: “This matter requires further investigation as the allegation of corruption has been made and whether the same can be done in view of the provision of Section 24 of the RTI Act. A notice will be issued.”
Attorney Arpit Bhargava argued that the information requested in RTI has been rejected by both the investigative agency and the CBI. He argued that according to the law, the information related to the cases related to the allegations of corruption and the violation of human rights.
Counsel further argued that the petitioner sought information as a complainant against the government official. The complaint submitted by the petitioner has FIRs registered.
The court asked, “What is the status?” Counsel replied, “That’s what I want to know. The officer was caught red-handed by the CBI.”
The court noted, “The officer was arrested by the agency itself. This case required further investigation as the allegations of corruption had been made.”
The petition stated that the petitioner had filed a complaint with the CBI against then Junior Engineer SC Joshi, who was caught red-handed by the agency. In this case, an FIR was registered on 6 December 1991.
The petitioner again lodged a complaint in 1994 against the then health inspector of MCD South Zone Shahdara, OP Sikara, who was caught red-handed by the CBI. In this case, an FIR was registered on December 19, 1994, according to the petition.
It is also alleged that the petitioner testified in both cases, thereby helping the agency to effectively prosecute in court. However, as the petitioner was not aware of the final outcome of the cases submitted by the CBI, he submitted an RTI application on 25 May 2018, requesting the agency for information and a certified copy of the final rulings or the next date of hearing in both cases, information to prevent corruption in DDA, MCD, Delhi Police, etc.
The petitioner has also requested information as to whether the CBI has jurisdiction to investigate the criminal case titled Kulwant Singh vs Mohit Gaur and others. The requested information was denied stating that the agency was exempted from the scope of the RTI Act as the CBI is included in Serial Number 23 of the second appendix to the RTI Act which is exempt under Section 24 of the RTI -law.
This order was challenged before the First Appellate Authority (FAA) on August 13, 2018. The FAA had confirmed the information provided by the agency. Aggrieved by the FAA’s injunction, the petitioner had filed the second appeal with CIC, which was dismissed on November 27, 2020, on the understanding that CBI is exempt under Section 24 of the RTI Act.