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LATEST NEWS UPDATES | AG cited CBI intel job to back RTI exemption by Maneesh Chhibber

AG cited CBI intel job to back RTI exemption by Maneesh Chhibber

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published Published on Jun 22, 2011   modified Modified on Jun 22, 2011

Attorney General Goolam Vahanvati vetted the Centre’s plan to take the CBI out of the purview of the RTI Act on the ground that it was also involved in intelligence-gathering as well as safeguarding the country’s economic security.

And the government cited this opinion to overrule senior functionaries, including some members of the Committee of Secretaries headed by Cabinet Secretary K M Chandrasekhar, who had cautioned against such a move. Now, the decision has drawn criticism, with activists indicating they would take the government to court.

And while RTI activists and experts, including former Chief Information Commissioner Wajahat Habibullah criticised the decision, Vahanvati referred to “important cases having bearing on national security” that have been investigated by the CBI to buttress his opinion. The cases mentioned by the AG include Naval War Room Leak, Barak Anti-Missile Defence System deal, Mecca Masjid blasts, 1993 Bombay blasts, IC-184 hijacking and Rajiv Gandhi assassination.

“Having regard to the aforesaid and the vast number of cases the CBI is presently involved with, it can’t be disputed that the CBI does intelligence work that is directly related to the security agencies.... There is no doubt that the kind of cases which the CBI is concerned with and the impact of such cases directly affect the community,” Vahanvati said.

He also said that while the “main purpose of intelligence gathering and assessment is prevention and occurrence of activities which would endanger the security of the country, it cannot be restricted only to gathering of intelligence prior to happening of an event but should extend to post-event intelligence gathered which falls under investigation”.

On the Home Ministry’s recommendation to exempt the NIA and Natgrid from the RTI Act, Vahanvati said that since both the agencies “are directly involved in intelligence and security work”, they would be entitled to exemption under Section 24 of the Act.

The Indian Express, 22 June, 2011, http://www.indianexpress.com/news/AG-cited-CBI-intel-job-to-back-RTI-exemption/806964/


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