Page 58 - ELT_15th June 2020_VOL 372_Part 6th

A212 EXCISE LAW TIMES [ Vol. 372

CIC asks CBI to disclose preliminary enquiries into corrup-
tion complaints closed without FIRs

Earlier, CIC had held that allegations of corruption and Human Rights
Violation are not exempted from RTI
In a major decision to promote transparency in the CBI, the Central In-
formation Commission (CIC) has ordered disclosure of preliminary enquiries
into corruption complaints which have been closed by the probe agency without
registering any FIRs during 2014-18.
The Commission while delivering the order agreed with the views of an
RTI applicant that the Central Bureau of Investigation (CBI), which is otherwise
exempted from the ambit of the RTI Act, does not have immunity from disclos-
ing records related to “allegations” of corruption and Human Rights violation
held by it.
The preliminary enquiries, being “records” held by the agency carrying
“allegations” of corruption, cannot be denied under the exemption from the
Right to Information (RTI) Act enjoyed by the agency and should be judged in
conformity to its provisions, the applicant said.
“...Commission directs the CPIO to provide the preliminary enquiry
number, summary of allegations, date of registration and date of closure of the
preliminary enquiries pertaining to allegations of corruption which have been
closed by the agency without registering regular cases between 2014-2018,” In-
formation Commissioner Divya Prakash Sinha said.
The case pertained to the RTI application filed by this correspondent on
May 2, 2018 seeking from the CBI the copies of all the PEs having allegations of
corruption which have been closed by the agency without registering an FIR
during 2014-18, along with details about date of registration, date of closure and
reasons behind the closure.
A Preliminary Enquiry (PE) is the first step initiated by the CBI to assess
criminality in prima facie allegations levelled by a complainant. If the allegations
appear to be serious enough, the agency proceeds with an FIR or else PE is
closed.
“The appellant has highlighted the issue of lack of transparency and
probity in the domain of preliminary enquiries, as these remain distant from
public scrutiny and he has sought for this information in the capacity of an ordi-
nary citizen, without whatsoever ostensible personal interest,” Sinha said.
Asserting that disclosure will strengthen the structure of the CBI, Sinha
said there is an overriding public interest in the disclosure of this information as
envisaged under Section 8(2) of the RTI Act as it concerns allegations of corrup-
tion against public servants that were enquired into by the premier investigating
agency for a period of five years.
“Such disclosure will strengthen the structure of this vital law enforce-
ment arm of the Government, per contra, the opacity will only add to casting as-
persions on its working,” Sinha said.
[Source : Millennium Post, New Delhi, dated 8-6-2020]

EXCISE LAW TIMES  15th June 2020  58