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“CID”IS NOT “INTELLIGENCE OR SECURITY ORGANISATION” UNDER RTI ACT SECTION 24(4) TO “CLAIM EXEMPTION”

 
 
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“CID”IS NOT “INTELLIGENCE OR SECURITY ORGANISATION” UNDER RTI ACT SECTION 24(4) TO “CLAIM EXEMPTION”
by System Administrator - Monday, 23 January 2017, 12:42 AM
 

By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: I had asked the information but PIO and SP (Admin) is denied the information stating that CID is exempted from the provision of RTI Act -2005 under 24(4) of RTI Act by her letter dated 19-01-2017 .But In view of the citations in CIC in Decision No. CIC/SM/C/2011/000117/SG/13230 CID does not appear to fit the description of an "intelligence or security organisation” under Section 24(4) of the RTI Act. In a terse order, the CIC Commissioner said in Decision No. CIC/SM/C/2011/000117/SG/13230 says pulling out CBI from scope of RTI Act is a violation of the law itself and The CIC ruled that "no reason has been given by the DOPT or the Ministry of Personnel, Public Grievances and Pensions, as required under Section 4(1)( d) of the RTI Act” for bringing the CBI under the Second Schedule, along with the National Intelligence Agency and National Intelligence Grid. Hence, the order says, "In the absence of reasons, inclusion of CBI in the Second Schedule along with National Intelligence Agency and National Intelligence Grid appears to be an arbitrary act.” The CIC, Mr Gandhi, stated in his order, quoting generously from the CBI website (http://cbi.nic.in) : CBI does not qualify to be an intelligence or security organization "...under Section 24(2) of the RTI Act, the Central Government has been given the power to include any other intelligence or security organisations, apart from the 18 in the original list-within the Second Schedule-by way of a notification. This power does not appear to have been extended to any other body, and is restricted to only intelligence or security organisations. In view of the same, it becomes pertinent to understand whether the CBI qualifies as "intelligence or security organisation” as per Section 24(2) of the RTI Act.” The CIC further states in his order: "On a careful perusal of the material, it can be ascertained that the CBI was established for the purposes of investigation of specific crimes including corruption, economic offences and special crimes. It continues to discharge its functions as a multi-disciplinary investigating agency and evolve more effective systems for investigation of specific crimes. Members of the CBI have all the powers, duties, privileges and liabilities which police officers have in connection with the investigation of offences.The CBI does not claim it is involved in intelligence gathering or is a security organisation ."There is no claim in its mandate and functions, as described above, that the CBI is involved in intelligence gathering or is a security organisation. Even the additional functions performed by the CBI, other than investigation of crimes, do not include any function which would lend it the character of an intelligence or security organisation. In view of the same, the CBI does not appear to fit the description of an "intelligence or security organisation” under Section 24(2) of the RTI Act. I have filed an Appeal under RTI Act and I have requested appellate Authority to issue direction to Public Information Officer & SP (Admin) CID Bangalore to provide me copy of charge sheet filed in FIR Number 301/2012 Madivala police station Bangalore which is transferred to CID and in view of the citations in CIC in Decision No. CIC/SM/C/2011/000117/SG/13230.Please hear the matter at the earliest as matter is urgent and provide the relief sought under RTI Act 2005 under 4(1) (a) (b) (c) (d) of RTI Act 2005 immediately.

RTI is a total problem solving mechanism and poor man's tool to solve his problems and not just record providing tool RTI Act is not just 2(f) .It provides transparency under 2(f) and4(1) (a) (b) (c) and Accountability under 4(1)(d). 4(1)(d) is check on whether public authority function under and as per 4(1) (a) (b) (c).RTI is a total problem solving mechanism and not just record providing tool.RTI will provide transparency and Accountability and this reduces the corruption. This information and reasons need to be provided to me as per Guide on RTIto Information Act 2005 published by the Government of India Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training (available here :http://rti.gov.in/RTICorner/Guideonrti.pdf) on page 12 and Para 9, following is stated: Providing Reasons for Decisions: The public authorities take various administrative and quasi-judicial decisions which affect the interests of certain persons. It is mandatory for the concerned public authority to provide reasons for such decisions to the affected persons. It may be done by using appropriate mode of communication .Attention is also invited towards the thread 'Affected Person ' under RTI ACT. In fact, it can be said that "Affected" refers back to an action. The"Affected Persons" are the ones who are affected by that action. The reasons need to be given to affected person and copy of that can be given to me under 2 f of RTI Act. The Co-Opeartion Department is THE PUBLIC AUTHORITY under obligation to provide information "PUBLICLY” under section 4(1) (a) (b) (c) (d).

Public authorities cannot take excuse of "missing files” for denying information under the RTI Act as such claims have no legality under the transparency law for withholding records, the Central Information Commission has held."Unless proved the record was destroyed as per the prescribed rules of destruction/retention policy, it is deemed that record continues to be held by the public authority,” Information Commissioner Sridhar Acharyulu said in his order.The case came before the CIC after one Om Prakash sought to know information from Land and Building Department of Delhi Government regarding allotment of alternative plot in lieu of his land acquired by the Government.The Department admitted before the Commission that the relevant file is missing and it could not be traced even though the officers personally inspected room of the Land and Building Department after receiving the RTI application. The official representing the department said there is no possibility of retrieving the missing record .In a terse order, the Commissioner said loss of records that are required to be kept and maintained permanently, if considered as evidence in a case, should invite criminal complaint against officials under section 201 of Indian Penal Code (punishable with imprisonment which is directly proportional to seriousness of offence charged from seven years to 10 years and for life.) "Claim of file missing or not traceable has no legality as it is not recognised as exception by the RTI Act.