CBI out of purview of Right to Information Act: DHC

The Delhi High Court recently reiterated that the expression ‘Human Rights Violation’ as used in proviso to Section 24(1) of the Right to Information Act, 2005 (“Act”) cannot be extended to include controversies relating the service matters, and hence information cannot be provided to the petitioner by Central Bureau of Investigation (“CBI”) under such proviso.

CBI refused to provide certain information relating to the disciplinary proceedings initiated against the petitioner claiming that the agency is out of purview of the Act by virtue of Section 24. The petitioner, however, claimed that CBI is obliged to disclose the information pertaining to the allegations of human rights violation as used in proviso to Section 24(1) of the Act.

Accepting CBI’s contention, the Court said, “The expression ‘Human Rights Violation’ as used in proviso to Section 24(1) of the Act cannot be read to extend all matters where a person alleges violation of fundamental rights. Plainly, the said expression cannot be extended to include controversies relating to service matters.”

“The grievances that the petitioner has in respect of the disciplinary proceedings in question do not fall under the ambit of human rights violations”, the Court further said.

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