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DPAR NEED TO EXCLUDE EXEMPTION GIVEN UNDER RTI ACT SECTION 24(4) AS “CID”IS NOT “INTELLIGENCE OR SECURITY ORGANISATION”

 
 
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DPAR NEED TO EXCLUDE EXEMPTION GIVEN UNDER RTI ACT SECTION 24(4) AS “CID”IS NOT “INTELLIGENCE OR SECURITY ORGANISATION”
by System Administrator - Friday, 23 June 2017, 11:02 PM
 

By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: The DPAR Karnataka Government needs to modify the order exclude CID from exempting under Section 24(4) of the RTI Act as per order in Decision No. CIC/SM/C/2011/000117/SG/13230 as CID does not appear to fit the description of an "intelligence or security organisation” under Section 24(4) of the RTI Act.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 thecitations 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 Bangaloreto 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.The DPAR Karnataka Government need to modify the order exclude CID from exempting under Section 24(4) of the RTI Act as per order in Decision No. CIC/SM/C/2011/000117/SG/13230 as CID does not appear to fit the description of an "intelligence or security organisation” under Section 24(4) of the RTI Act.