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Synopsis

The Supreme Court recently held that the reasoning behind a Delhi High Court judgment that the Right to Information (RTI) Act would apply to the Directorate of Enforcement (ED) if the information sought pertains to allegations of corruption and human rights violations, is incorrect.

A division bench of Justices MR Shah and CT Ravikumar, made this observation while refusing to allow an appear filed by the Union of India against the High Court's judgment,

The bench, however, chose to keep the question of law open.

The High Court in the impugned order had held that the “information sought can be said to pertaining to the human rights violations” and therefore, Section 24 of the RTI Act shall not be applicable.

Notably, copies of all the seniority list in respect of lower divisional clerks (LDCs) for the period of 1991 till date and copies of the proposal for promotion of LDCs placed before the Departmental Promotion Committee (DPC) together with copies of the Minutes of the Meetings and copies of the promotion orders issued on the recommendations of the DPC from time to time were sought from the ED.

Delhi High Court had further held that the expression ‘human rights’ could not be given a narrow or pedantic view, and that non-supply of documents related to a person’s promotions would amount to a human rights violation.

Before the Top Court, it was the case on behalf of UoI that Directorate of Enforcement, being in the Second Schedule of the RTI Act, the RTI Act shall not be applicable to the said Organisation.

"Though, we do not approve the reasoning given by the High Court, however, taking into consideration the fact that what was sought was the service record, namely, seniority list and copies of the proposal for promotion of the Lower Division Clerks placed before the DPC, keeping the question of law open, whether on other aspects or with respect to other information whether RTI Act shall be applicable to the appellant or not, we do not entertain the present Special Leave Petition in the peculiar facts and circumstances of the documents sought", the Top Court held.

Case Title: UNION OF INDIA vs. CENTRAL INFORMATION COMMISSION & ANR.