Exempt from the RTI Act, yet willing to provide human rights information: HC

The Delhi High Court noted on Wednesday that the Enforcement Directorate is not covered by the Right to Information (RTI) Act. However, the High Court ruled that the investigation agency might be ordered to provide information on human rights breaches, including claims of sexual harassment.

During the hearing of two appeals from the Enforcement Directorate, the court noted that the CIC had issued two orders requesting the disclosure of specific information to RTI petitioners.

While one candidate was looking for information on recruiting policies, the other was looking for information about her own accusations of sexual harassment. Judge Prathiba M. Singh overturned the CIC ruling but ordered the Enforcement Directorate to provide the material requested by the second case’s RTI petitioner within eight weeks. She advised the investigation agency on legal matters.

Section 24 of the RTI Act, 2005 exempts the ED from providing the aforementioned information about recruiting regulations. The court ruling said, “Therefore, the impugned order dated November 27, 2019 passed by the CIC is set aside.”

Regarding W.P.(C) 5588/2019, this Court believes that the information requested in the RTI application is related to a claim of sexual harassment made by the respondent or RTI applicant. In this instance, the court concluded that withholding information about claims of sexual harassment would undoubtedly constitute a breach of human rights, as exempted by the RTI Act, 2005’s proviso to Section 24.

The court said that it was “not a case that would involve any human rights violation and so is not exempted by the proviso” in reference to the information requested about recruiting regulations.