17 Aug, 2014- RTI Foundation of India
On a petition filed by Dr. Neelam Bhalla, a scientist at DRDO, a Bench of Justices Dipak Misra and V. Gopala Gowda of the Supreme Court issued a notice to the Centre and the DRDO. The petitioner was transferred to a different unit and she filed an application under the Right to Information (RTI) Act seeking the reasons for her transfer.
Her application was turned down by the DRDO and her second appeal was rejected by the Central Information Commission. On failure to get any relief from the Delhi High Court, she moved the apex court contending that only that information which directly affected and correlated to “intelligence and security” could be exempted and the information which were general in nature should not be denied.
She has demanded that records relating to their services should be provided. Bhalla has challenged the interpretation of section 24 of the Right to Information Act in the context of the exclusion of exempted organisations listed in schedule II such as the DRDO.
The petition says that wilful disclosure of incorrect or false or misleading information relating to routine matters such as transfer not only to the petitioner but also to higher authorities, namely the Minister of Defence and the National Commission for Women, to justify their actions, was an offence under the newly enacted Whistle Blowers Protection Act.
Bhalla has alleged that she was a victim of gender discrimination and humiliation at the hands of senior scientists. When she filed a complaint before the NCW against the alleged nepotism and lapses in the policy of recruitment, the task for the recruitment of scientists ‘B’ was selectively taken away from her.
She has sought directions to disclose the reasons for her transfer through the Apex Court. Now the matter would be heard by the SC to decide whether the defence organisations such as the Defence Research and Development Organisation (DRDO) can withhold information regarding transfer of an employee, claiming exemption under section 24 of the Right to Information Act. Section 24 of the RTI Act, 2005 is reproduced below:
– 24. Act not to apply in certain organizations.-
(1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government:
Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the Central Information Commission, and notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request.
(2) The Central Government may, by notification in the Official Gazette, amend the Schedule by including therein any other intelligence or security organisation established by that Government or omitting therefrom any organisation already specified therein and on the publication of such notification, such organisation shall be deemed to be included in or, as the case may be, omitted from the Schedule.
(3) Every notification issued under sub-section (2) shall be laid before each House of Parliament.
(4) Nothing contained in this Act shall apply to such intelligence and security organisation being organisations established by the State Government, as that Government may, from time to time, by notification in the Official Gazette, specify: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: (2) The Central Government may, by notification in the Official Gazette, amend the Schedule by including therein any other intelligence or security organisation established by that Government or omitting therefrom any organisation already specified therein and on the publication of such notification, such organisation shall be deemed to be included in or, as the case may be, omitted from the Schedule.
(3) Every notification issued under sub-section (2) shall be laid before each House of Parliament.
(4) Nothing contained in this Act shall apply to such intelligence and security organisation being organisations established by the State Government, as that Government may, from time to time, by notification in the Official Gazette, specify: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the State Information Commission and, notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request.
(5) Every notification issued under sub-section (4) shall be laid before the State Legislature.
