New Delhi, Jan 13: A mere allegation of corruption
not backed by credible evidence would not be sufficient to
direct the country`s intelligence organisations to reveal
information under the RTI Act, the Central Information
Commission (CIC) has held.
The right to information law that has categorically
immunised certain security and intelligence organisations from
disclosure of information is specific that in cases of alleged
corruption or human rights violations against them, they could
be asked to open up.
In an apparent safeguard for such bodies, as listed in
schedule two of the RTI Act, the CIC has held that if
allegations of corruption were to be made out against them,
credible evidence needs to be adduced in that regard.
"Mere mention of corruption would not amount to a
full-fledged allegation, unless there was re-reinforcing
evidence. An allegation of corruption cannot be lightly made,"
information commissioner A N Tiwari said in a recent order.
The order came in respect of an application of Ludhiana
resident S P Goyal, who had sought from the Directorate of
Revenue Intelligence (DRI) examination of documents pertaining
to its investigation of financial fraud against his company.
While DRI, an economic intelligence organ under the
finance ministry, is exempted from disclosure of information,
Goyal cast doubts on DRI`s probe against his company since
1990, while seeking that the information be granted to him for
reasons of a pervasive corruption in the conduct of the
investigating officers.
Contesting the allegations, the DRI said Goyal, who was
at the receiving end of the probe, raised the corruption
charges to distract its investigative action.
It also refuted Goyal`s plea that in 1993, an inquiry was
also done to look into allegations of irregularities against
one of its investigating teams and said such an inquiry showed
the allegations as "baseless".
The commission, which found credence in the submissions
of the investigative body, said, "when such allegations are
made by a party, who is an object of investigation for tax and
duty evasion and for other unlawful acts, it becomes tainted
by personal motive and loses credibility.
Bureau Report
