Intelligence Agencies Need Not To Share Information About Money Laundering Under RTI Act: Delhi HC

The Delhi High Court ruled that security or intelligence agencies are not bound to share or provide information regarding money laundering, hawala transactions, acts of tax evasion and smuggling as they do not relate to corruption or human rights violations.

The court passed this direction on a petition filed by the Central Public Information Officer (CPIO), Central Economic Intelligence Bureau (CEIB) challenging an order dated July 3, 2020 passed by the Central Information Commission (CIC).

A single bench of Justice Pratiba M. Singh noted in her order that intelligence and security organisations are not bound to provide information under Right to Information Act (RTI Act).

After hearing the matter, the bench reversed the Central Information Commission (CIC) order directing the CEIB to provide the outcome of the RTI complaint filed by G.S. Srinivasan.

Justice Singh directed that the CEIB is exempt from Section 24(1) read in conjunction with Schedule II of the RTI Act and that the CIC’s directive to provide the complaint’s outcome is unjustified and contrary to law.

“A perusal of the complaint and the RTI Application show that the same relate to information relating to money laundering business, hawala money transactions, acts of tax evasion and smuggling activities. These do not relate to corruption or human rights violations. Thus, the same would not be covered by the exception under the proviso to Section 24(1),” the bench noted.

The matter dates back to May 15, 2017, when Srinivasan filed a complaint with the CEIB saying that some people had engaged in money laundering, hawala transactions, smuggling, and tax evasion. He then chose to file an RTI application to learn the status of his complaint and the subsequent course of action.

The CEIB and the appellate authority both denied the information. While the CIC agreed that the details of the investigation could not be disclosed, it directed the agency to consider disclosing only the outcome of the complaint.

Concluding the matter, the court accepted CEIB’s plea and overturned the CIC’s finding and direction.