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The Complainant sought information through 7 points in the context of discharge of Amit Shah in the Sohrabuddin Sheikh encounter case in terms of the particulars of the case; date when the said individual was discharged; name of the officers who conducted the investigations with the timeline; reasons for not filing an Appeal against the decision of the CBI Court to discharge Amit Shah; details of all such cases during the period from 2001-2017 where no Appeal was filed by CBI against discharge/acquittal orders of CBI Court.
Decision:
CBI has been placed at Sl. No.23 of the Second Schedule to the RTI Act 2005 vide Notification No. F.No.1/3/2011-IR dated 09.06.2011 of Govt. of India and as such RTI Act is not applicable to the organization except where allegations of corruption and/or human rights violation have been made.
In the instant case, Commission observes from the grounds of Complaint that Complainant had sought for action against the CPIO for not providing the information as per the proviso to Section 24(1) of RTI Act as he believes that the instant case pertains to human rights violation of the kith and kin of Sohrabuddin Sheikh. Complainant has sought to explain this aspect by remarking that CBI did not file any Appeal against the decision of CBI Special Court to discharge Amit Shah from the case as opposed to its practice of filing Appeals against all such discharge/acquittal orders of the CBI Court. Complainant has alleged in this regard that the conduct of CBI amounts to violation of right to equality enshrined in Article 14 of the Indian Constitution vis-à-vis the family members of Sohrabuddin Sheikh.
Commission summarily rejects the grounds of Complaint as Complainant has merely relied on conjecture and surmises to emphasize upon his 'perception' of File No : CIC/CBRUI/C/2018/114059/SD how CBI should have dealt with the Sohrabuddin Sheikh encounter case. In other words, merely because Appellant is of the opinion that CBI's failure to Appeal against the discharge order of Amit Shah amounts to human rights violation of the kith and kin of Sohrabuddin Sheikh, the proviso to Section 24(1) of RTI Act will not become operative.