Law Trend: Chhattisgarh: Thursday, 21 March 2024.
In a landmark decision, the
Chhattisgarh High Court has declared that the Economic Offences Wing (EOW)
falls within the ambit of the Right to Information (RTI) Act. The ruling came
in response to a writ petition, with the court stating that EOW cannot be
exempt from providing information under RTI. This judgement marks a significant
shift in the transparency of the institution responsible for investigating
economic crimes in the state.
For years, numerous high-profile cases involving IAS and IPS officers have remained unresolved within the EOW. The agency previously refrained from disclosing information under RTI, following a 2006 notification by the Chhattisgarh government that exempted the Chhattisgarh Economic Offences Investigation Bureau from the RTI Act’s purview.
However, the recent court proceedings, represented by the state’s lawyer, failed to sway the two judge bench of the Chhattisgarh High Court. The verdict has been welcomed by social activists, while those facing charges in EOW find themselves in an uncomfortable silence.
The Legal Journey to Transparency
The journey began when the Chhattisgarh government issued a notification on November 7, 2006, exempting the state’s Economic Offences Investigation Bureau from providing information under the RTI Act. Subsequently, an RTI activist filed an application on November 15, 2016, seeking information from the bureau, which was denied based on the 2006 exemption.
Challenging this exemption, RTI activist Mishra approached the Chhattisgarh High Court, arguing that the RTI Act’s Section 24(4) does not permit exemption of information related to corruption and human rights violations. Given that the bureau primarily investigates corruption-related cases, it could not be exempted from RTI.
Following a notice issued by the High Court’s division bench, the state government submitted its response. However, the plea was initially dismissed on the grounds that the petitioner was not new to filing public interest litigations. The activist then took the matter to the Supreme Court, which accepted the special leave petition and directed the Chhattisgarh High Court to reconsider the case.
On re-examination by a division bench comprising Justices Sanjay K. Agrawal and Sanjay Kumar Jaiswal, the High Court reserved its order on February 8, 2024, and publicly released the verdict on March 7, 2024. The bench directed the Chhattisgarh General Administration Department to amend the 2006 notification within three weeks, bringing the Economic Offences Investigation Bureau under the RTI Act’s purview.
Furthermore, the court instructed the bureau to respond to the RTI application filed by the activist on November 15, 2016, within four weeks, in light of the current order.
For years, numerous high-profile cases involving IAS and IPS officers have remained unresolved within the EOW. The agency previously refrained from disclosing information under RTI, following a 2006 notification by the Chhattisgarh government that exempted the Chhattisgarh Economic Offences Investigation Bureau from the RTI Act’s purview.
However, the recent court proceedings, represented by the state’s lawyer, failed to sway the two judge bench of the Chhattisgarh High Court. The verdict has been welcomed by social activists, while those facing charges in EOW find themselves in an uncomfortable silence.
The Legal Journey to Transparency
The journey began when the Chhattisgarh government issued a notification on November 7, 2006, exempting the state’s Economic Offences Investigation Bureau from providing information under the RTI Act. Subsequently, an RTI activist filed an application on November 15, 2016, seeking information from the bureau, which was denied based on the 2006 exemption.
Challenging this exemption, RTI activist Mishra approached the Chhattisgarh High Court, arguing that the RTI Act’s Section 24(4) does not permit exemption of information related to corruption and human rights violations. Given that the bureau primarily investigates corruption-related cases, it could not be exempted from RTI.
Following a notice issued by the High Court’s division bench, the state government submitted its response. However, the plea was initially dismissed on the grounds that the petitioner was not new to filing public interest litigations. The activist then took the matter to the Supreme Court, which accepted the special leave petition and directed the Chhattisgarh High Court to reconsider the case.
On re-examination by a division bench comprising Justices Sanjay K. Agrawal and Sanjay Kumar Jaiswal, the High Court reserved its order on February 8, 2024, and publicly released the verdict on March 7, 2024. The bench directed the Chhattisgarh General Administration Department to amend the 2006 notification within three weeks, bringing the Economic Offences Investigation Bureau under the RTI Act’s purview.
Furthermore, the court instructed the bureau to respond to the RTI application filed by the activist on November 15, 2016, within four weeks, in light of the current order.
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