CBI Not Liable To Furnish Information Under RTI Act, Exempted U/S 24: Kerala High Court
Live LawThe Kerala High Court recently observed that the Central Bureau of Investigation is not liable to furnish any information sought under the RTI Act, as it is included in the second schedule in contemplation of Section 24 of the RTI Act which exempts certain organisations from the Act.As per Section 24 of the RTI Act, the Act shall not apply to the intelligence and security. The Kerala High Court recently observed that the Central Bureau of Investigation is not liable to furnish any information sought under the RTI Act, as it is included in the second schedule in contemplation of Section 24 of the RTI Act which exempts certain organisations from the Act. Division Bench consisting of Chief Justice S. Manikumar and Justice Shaji P. Chaly observed that as per a notification issued by the Government in 2011, CBI, NIA and National Intelligence Grid are included in the Second Schedule to RTI Act, and therefore, CBI is not liable to furnish any information. Before the Division Bench The Court observed that the notification issued by the Government in 2011 makes it clear that in the exercise of the powers conferred by Section 24 of the RTI Act, the Central Bureau of Investigation, National Investigation Agency and the National Intelligence Grid are included in the second schedule to the RTI Act, 2005, and therefore it is clear that once CBI is included in the second schedule in contemplation of Section 24 of the RTI Act, 2005, the said organization is not liable to furnish any information..notification issued by the Government dated 09.06.2011 makes it clear that in exercise of the powers conferred by sub-Section 2 of Section 24 of the Act, 2005, the Central Bureau of Investigation, National Investigation Agency and the National Intelligence Grid are included in the second schedule to the Act, 2005.