NEW DELHI: In a latest growth within the NEET UG 2024 paper leak case, the Central Bureau of Investigation (CBI) has filed a second cost sheet earlier than the Patna Particular Courtroom for CBI circumstances, implicating six people in reference to the theft of the Nationwide Eligibility-cum-Entrance Take a look at (Undergraduate) query paper.
Whereas the investigation is progressing, the CBI just lately rejected a Proper to Info (RTI) request searching for particulars on the investigation, citing Part 24 of the RTI Act 2005 as the premise for denial.This rejection raises issues on transparency and the bounds of the company’s exemption below the RTI Act.
The RTI Request and the CBI’s Response
Dr. Vivek Pandey, a doctor and RTI activist, filed the RTI utility on August 29, 2024, searching for detailed info on the standing of the investigation into the NEET UG 2024 paper leak case. Dr. Pandey’s RTI request particularly sought:
- The present standing of the investigation being performed by the CBI.
- Info on arrests made, fees filed, and important findings within the case.
- Particulars of any interim studies or updates submitted to larger authorities or the court docket relating to the investigation.
A duplicate of the ultimate standing report shared with TOI by the applicant is proven beneath.
CBI’s dodgy response citing exemption below Part 24 of the RTI act
In response, the CBI rejected the RTI utility, citing Part 24 of the RTI Act 2005. Based on the CBI’s response, the company is exempt from disclosing such info below a authorities notification issued in 2011. The CBI additionally talked about that the case remains to be below investigation, additional justifying the denial of knowledge.
The response letter, shared by Dr Vivek is shared beneath.
Understanding Part 24 of the RTI Act
Part 24 of the RTI Act 2005 exempts sure intelligence and safety organisations from the purview of the Act. These organisations, listed within the Second Schedule of the Act, are usually not required to reveal info, besides in circumstances involving allegations of corruption or human rights violations.
The exemption goals to guard delicate operational particulars that will compromise nationwide safety or the integrity of ongoing investigations.
Nonetheless, one can argue that such exemptions, if utilized too broadly, can restrict transparency and public accountability, particularly in high-stakes circumstances just like the NEET UG 2024 paper leak, the place the general public has a vested curiosity in understanding the progress of the investigation.
Delhi Excessive Courtroom’s Interpretation of CBI Exemption
The CBI’s exemption from the RTI Act will not be absolute. In a landmark judgement, the Delhi Excessive Courtroom clarified the scope of Part 24. In a January 2024 ruling, Justice Subramonium Prasad highlighted that whereas the CBI is listed within the Second Schedule and thus exempt from disclosing sure info, the exemption doesn’t apply in circumstances involving allegations of corruption or human rights violations.
This ruling got here in response to a petition the place the CBI had refused to offer info associated to alleged corruption in medical purchases at AIIMS.
The court docket emphasised that the proviso to Part 24 permits for the disclosure of knowledge associated to corruption and human rights violations, even when the organisation is mostly exempt below the Second Schedule. Subsequently, whereas the CBI can refuse to reveal info in lots of circumstances, it can’t achieve this in situations the place corruption or human rights violations are concerned.
