CBI out of RTI purview

In a decision that is certain to generate a lot of heat, the Manmohan Singh government has exempted the CBI, the country’s premier investigating agency, from providing information under the Right to Information Act. A notification to this effect was issued by the government on Thursday after the proposal got the Union Cabinet’s green signal, placing the agency among a select category of institutions that have been kept outside the RTI’s purview. But it is certain to invite a lot of criticism from the growing band of RTI activists, who have been raising the pitch for greater transparency in the government’s decision-making process. The development comes at a time when there is growing restiveness among the people over corruption in high places, and the government’s failure to rein it in. The move to exempt CBI from the RTI Act is certain to add to this cynicism. It could also invite scrutiny from the judiciary. The CBI, on its part, argues that it was, in most instances, being forced to part with information on sensitive cases which were in the process of being probed. Disclosing information in such cases tends to undermine their investigation. The exempt-CBI-from-RTI notification was in keeping with the recommendation made by a committee of secretaries (CoS) last month. The panel, which was headed by Cabinet Secretary KM Chandrasekhar had on May 14 given the go-ahead to the CBI’s request that it should be exempt from providing information under the RTI Act. The CoS argued that the CBI was dealing with so many cases and the information has ramifications not only within the country, but also abroad. The CoS had also given its approval to an earlier recommendation to keep the National Investigation Agency (NIA) and National Intelligence Grid (NATGRID) outside the purview of the RTI Act. During a detailed discussion on the CBI’s request, a section of the CoS had warned that giving in to the CBI’s request could be viewed as a government move to reduce transparency. There was a perception that questions would be asked about the timing of the move — when the CBI is occupied with several politically sensitive cases, including the 2G, Adarsh Housing Society and CWG scams. CBI spokesperson Dharini Mishra had on an earlier occasion said the agency wanted to be exempt from RTI because of the sensitiveness of the cases it is handling and the pressure from a large number of requests for information.