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Journalism of Courage
The Central Information Commissioner (CIC) has held that just because an exempted organisation is facing allegations of corruption and human rights violations, the privilege of exemption from disclosure enjoyed by it under the RTI Act cannot be withdrawn.
In the context of Section 24 of the RTI Act, Information Commissioner A N Tiwari said, the term “allegations” should mean charges of corruption, which on the basis of available evidence, tend towards presence of corrupt motive and action by given public officials.
“In other words, mere mention of corruption would not amount to a full-fledged allegation, unless there was reinforcing evidence. An allegation of corruption cannot be lightly made and when such allegation is made by a party who is an object of investigation for tax and duty evasion and for other unlawful acts, it becomes tainted by personal motive and loses credibility,” he observed.
The commission’s orders came on an appeal filed by S P Goyal of Ludhiana, who had sought from the Directorate of Revenue Intelligence (DRI) documents relating to investigations of tax evasion against him. He argued that though the DRI is exempt from doing so under the RTI, it should disclose information sought by him on account of the fact that there were allegations of corruption and violation of human rights against it.
The DRI, for its part, contended that the delay in adjudication of the demand raised against the appellant and his group companies cannot be construed as an allegation of corruption or human rights violations, especially because there was no tangible or concrete evidence to substantiate those allegations. Any ruling that does not take into account evidence regarding corruption or human rights violations in deciding the disclosure obligation would set a dangerous precedent, it added.
