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New Delhi: The Delhi High Court recently held that the information about money laundering, hawala transactions, acts of tax evasion and smuggling do not relate to corruption or human rights violations and, therefore, intelligence and security organisations are not bound to provide such information under Right to Information Act (RTI Act).
Justice Prathiba M Singh set aside an order of the Central Information Commission (CIC) directing the Central Economic Intelligence Bureau (CEIB) to provide the outcome of the complaint made by the RTI applicant named GS Srinivasan.
The Court concluded that the CEIB is exempt from Section 24(1) read with Schedule II of the RTI Act and the direction of the CIC to provide the outcome of the complaint is not sustainable and contrary to law.
“A perusal of the complaint and the RTI Application show that the same relate to information relating to money laundering business, hawala money transactions, acts of tax evasion and smuggling activities. These do not relate to corruption or human rights violations. Thus, the same would not be covered by the exception under the proviso to Section 24(1),” the court said.
It was hearing a petition by the Central Public Information Officer (CPIO), CEIB challenging an order dated July 3, 2020 passed by the CIC.
Srinivasan had filed a complaint with the CEIB on May 15, 2017 alleging money laundering, hawala money transactions, smuggling and tax evasion by some individuals. He then preferred an RTI application seeking information about the status of his complaint and action on the same.
The information was denied by the CEIB and the appellate authority. While the CIC also held that details of the investigation cannot be provided, it ordered the agency to consider providing only the outcome of the complaint.
After hearing the case, the court allowed CEIB’s plea and set aside the finding and direction of the CIC.
CGSC Ravi Prakash along with advocates Varun Agarwal and Farman Ali appeared for the petitioner.
No one appeared for the respondents.
