The petition said that exemption from RTI was prevalent for intelligence and security organisations, including Intelligence Bureau, RAW, DRI and ED.When the agency filed the plea for transfer of all similar matters from different high courts to the apex court, the proceedings before the Delhi High Court got stayed.
In the fresh application before the apex court, Agrawal has alleged that the notification was issued by the Centre “solely to scuttle the RTI appeal pending before the Chief Information Commissioner, New Delhi in regard to the Bofors case in which order was passed by the CIC directing the CBI to provide the requisite papers to the petitioner”.
In the application, he has alleged that the erstwhile UPA government’s decision was aimed at “only to save Ottavio Quattrochhi, the prime accused in Bofors scam”.
Agrawal, who has been pursuing Bofors payoff case for years, in his petition, has sought to quash of the June 9, 2011 notification, contending that “by issuing the notification and placing CBI in the second Schedule, the government appears to be claiming absolute secrecy for CBI without the sanction of the law. ”He has contended that the “impugned notification No GSR 442(E) RTI Act, 2005 is ultra vires to the RTI Act, 2005 as well as Constitution”.
The petition has claimed that government’s move appeared to be “arbitrary” in nature, as with no reasons advanced, “citizens are likely to deduce that the purpose of including CBI in the Second Schedule was to curb transparency and accountability from the investigations of several corruption cases against high-ranking Government officers”.
( Source – PTI )