Central Information Commission
Mr.Suhas Chakma vs Directorate Of Enforcement on 19 July, 2012
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2012/000642
Dated: 19.07.2012
Name of Appellant : Shri Suhas Chakma
Name of Respondent : Directorate of Enforcement
Date of Hearing : 14.06.2012
ORDER
Shri Suhas Chakma, hereinafter called the appellant, has filed the present appeal dated 7.12.2011 before the Commission against the respondent Directorate of Enforcement, New Delhi for denial of information in reply to his RTI-application dated 22.10.2011. The matter came up for hearing on 14.06.2012. The appellant was represented by Shri Nitesh Kumar Singh, Advocate and Shri Tejang Chakma whereas the respondent were represented by Shri G.N. Ghosh, Assistant Legal Adviser and Shri K.C. Abraham, Assistant Director.
2. The appellant had filed an application dated 22.10.2011 under the provisions of RTI Act, in which he sought information on three points in respect of CBI case FIR No. RC-DAI-2008 dated 31.3.2008 against entities by the name of "South Asia Human Rights Documentation Centre" u/s 23 r/ 6 of FCRA r/w 120-b of IPC pursuant to the complaint filed by MHA. The CPIO vide his letter No. INF/RTI/DZ/2009/885 dated 11.11.2011 denied information by invoking Section 24 of the RTI Act.
2 Case No. CIC/SS/A/2012/0006423. Aggrieved by the reply of the CPIO, the appellant preferred first-appeal on 21.11.2011 before FAA. The FAA, vide his order No. C-20/138/2011 dated 30.11.2011 reiterated the decision of the CPIO.
4. The appellant in his second appeal submits that the denial of requested information has been done in a most technical manner without assessing the merits of the appeal. There is no blanket prohibition of disclosure u/s 24 read with Schedule 2 of the RTI Act. Section 24 clearly provides that information pertaining to the allegations of corruption and human rights violations shall be disclosed. The information sought pertains to investigation concluded by the CBI which found that offences under the Foreign Exchange Management Act were violated and accordingly the CBI informed the Enforcement Directorate. This clearly establishes that information pertain to corruption which has been concluded by the CBI. Therefore, there is no ground for denial of the information.
5. During the hearing the respondent submit that the CBI had dropped the case under FCRA and the matter is being investigated under the Foreign Exchange Management Act (FEMA), which is in the nature of civil proceedings. The Directorate of Enforcement has filed a complaint before the adjudicating authority. The matter is still under investigation.
6. Having considered the submissions of the parties, the Commission is of the view that Directorate of Enforcement is an exempted organization listed under Schedule II of the RTI Act and therefore, is not amenable to any provision contained in the RTI Act by virtue of Section 24 of the RTI Act. Furthermore, the information sought by the appellant does not pertain to any violation of human rights and allegation of corruption on the part of the Directorate of Enforcement, and therefore, does not fall under Proviso (I) to Section 24 of the RTI Act. The Commission finds no reason to interfere with the replies of the respondent.
3 Case No. CIC/SS/A/2012/000642The matter is disposed of on the part of the Commission.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar Address of the parties:
Shri Suhas Chakma, C-3/441C, Janakpuri, New Delhi-110058.
The CPIO, Directorate of Enforcement, Delhi Zonal Office, 10-A, Jam Nagar House, Akbar Road, New Delhi-110011.
The First Appellate Authority, Directorate of Enforcement, 6th Floor, Lok Nayak Bhawan, Khan Market, New Delhi-110003.