Supreme Court asks Delhi HC to decide applicability of RTI to security organizations

The Supreme Court has directed the Delhi High Court to decide the applicability of the Right to Information (RTI) Act to intelligence and security organisations of the government. Previously, the Delhi High Court had issued an order directing a government department to furnish information to an employee on seniority and promotions. However, the apex court overruled it asking the High court to decide if the act was applicable to the organisation in question.

"It is the specific case on behalf of the Department that the RTI Act was not applicable to the organisation/department. Despite the above and without deciding such an objection, the high court has directed the appellant to furnish the documents sought under the RTI Act without deciding the applicability of the RTI Act. That will be putting the cart before the horse," the SC bench consisting of justices MR Shah and AS Bopanna said.

It is imperative to note that Section 24 of the RTI Act exempts certain intelligence and security organisations except in cases when information required is ''about allegations of corruption and human rights violations''. In its latest ruling, SC gave the High Court a time period of eight weeks to make its decision on the applicability of the act.

''We direct the high court to first decide the issue concerning the applicability of the RTI Act to the appellant organization/department and thereafter decide the stay application/LPA. The aforesaid exercise shall be completed within eight weeks,'' it asserted.

What is the RTI Act ?

Passed in the year 2005, the Right to Information Act (RTI) mandates timely response from the government to citizens seeking information. "It is an initiative taken by the Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions to provide a– RTI Portal Gateway to the citizens for quick search of information on the details of first Appellate Authorities,PIOs etc. amongst others, besides access to RTI related information/disclosures published on the web by various Public Authorities under the government of India as well as the State Governments," reads a descriptive statement on its website. 

With inputs from PTI

Image: ANI