Central Information Commission
Shri Sunil S. Rathi vs Directorate Of Enforcement on 30 October, 2008
CENTRAL INFORMATION COMMISSION
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F.No.CIC/AT/A/2008/00569
Dated, the 30th October, 2008.
Appellant : Shri Sunil S. Rathi
Respondents : Directorate of Enforcement
This second-appeal was heard on 23.10.2008. Appellant was present in person, while the respondents were represented by their Counsel, Shri Rajeev Awasthi and Shri V.P. Gogia, Assistant Director of Enforcement.
2. The RTI-application of the appellant dated 01.01.2008 contains the following queries:-
"1) Copy of all pages of passport including visa pages belonging to Mr.Prakash B. Parwani of Brazil, alleged person resident out of India r/o Carj Re Flores, Q.M. Coss [sic], Manas, Brazil, including pages concerning his visas and entry / exit.
2) Copy of all pages of statement recorded u/s 40 of aforesaid Mr.Prakash B. Parwani.
3) Copy of adjudication court's noting, observations and reasoning concerning deferential levy of penalty among the 4 accused, in aforesaid matter."
3. The appellant's main plea is that the protection of Section 24 of the RTI Act read with Second Schedule should not be available to the respondents because there were allegations of corruption and violation of human rights which would disentitle the respondents from the protection of this Section.
4. Respondents have urged that nothing which has been stated by the appellant even remotely suggests any human rights violation or allegation of corruption which would warrant whittling down the exemption to the respondents under Section 24.
5. On perusal of the documents filed by both parties and hearing the arguments, I find no justification to deny to the respondents the protection from any obligation of disclosure of information available to them under Section 24 read with Second Schedule of the RTI Act. Appellant's charge of human rights Page 1 of 2 violation and corruption vis-à-vis the respondents is bereft of substance and evidentiary support.
6. As such, appeal cannot be allowed. Rejected.
7. Copy of this decision be sent to the parties.
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