RTI Act Not Applicable To CBI, Punjab & Haryana HC Rejects Former Income Tax Officer's Plea Seeking Info On Agency's 'Trap' Against Him
Live LawThe Punjab and Haryana High Court has rejected an Income Tax Officer's plea seeking information under the Right to information Act relating to Trap Proceeding conducted against him by the Central Bureau of Investigation.The Income Tax Officer was convicted in a corruption case and his appeal against the conviction is pending before the High Court. The Punjab and Haryana High Court has rejected an Income Tax Officer's plea seeking information under the Right to information Act relating to Trap Proceeding conducted against him by the Central Bureau of Investigation. Counsel for the petitioner argued that the information was denied under the garb of a Notification keeping CBI in Second Schedule however, the authorities including the Central Information Commission overlooked Section 24 of RTI Act, Para 20 Part IV of Guide on RTI Act for Public Information Officers and various Memorandums issued by the Centre, which specifically state that RTI application seeking information pertaining to allegations of corruption is maintainable. Justice Sindhu highlighted further noted that an appeal preferred against the judgment of conviction and order of sentence is pending adjudication before the Co-ordinate Bench of the High Court and it transpires that the "information sought by petitioner relates to the aforesaid pending appeal and at this stage", he is trying to obtain some information under RTI Act, in order to strengthen his plea in appeal, which he failed during trial before the Special CBI Court.