RAW Exempted Under RTI Act Unless Information Relates To Human Rights Or Corruption Related Issues: Delhi High Court

The Delhi High Court has observed that Research and Analysis Wing (RAW) is an exempted organisation under the Right to Information Act, 2005, unless the information sought relates to human rights or corruption related issues.

“RAW is an organisation which is specifically mentioned in the Section Schedule to the RTI Act. It is an exempt organisation. Unless the nature of information sought relates to human rights or corruption related issues, information is not liable to be disclosed,” Justice Prathiba M Singh observed.

The court made the observation while upholding an order passed by Central Information Commission on October 30, 2017, denying information to one Nisha Priya Bhatia regarding certified copies of applications for allotment of government accommodation made by the head of RAW.

Bhatia had filed an RTI application in 2012 seeking information from the Directorate of Estates, Government of India. It was her case that she approached the CIC as no reply was received from the CPIO and the First Appellate Authority.

The CIC refused to order disclosure of information, observing that RAW is covered by section 24 of the RTI Act as an exempt organization and no case of human rights or corruption was made out to attract the exception.

Upholding the CIC order, Justice Singh observed that the nature of information sought, i.e., the residences where the subject person who was the head of RAW which is a security agency, would not be covered in the exemption.

“RAW is an organisation which is specifically mentioned in the Section Schedule to the RTI Act. It is an exempt organisation. Unless the nature of information sought relates to human rights or corruption related issues, information is not liable to be disclosed,” the court said.

Title: NISHA PRIYA BHATIA v. CPIO, DIRECTORATE OF ESTATES, MINISTRY OF URBAN DEVELOPMENT & ANR

Citation: 2023 LiveLaw (Del) 371

Click Here To Read Order