CIC asks CBI to disclose preliminary enquiries into corruption complaints closed without FIRS

NEW DELHI: In a major decision to promote transparency in the CBI, the Central Information Commission (CIC) has ordered disclosure of preliminary enquiries into corruption complaints which have been closed by the probe agency without registering any FIRS during 2014-18.

The Commission while delivering the order agreed with the views of an RTI applicant that the Central Bureau of Investigation (CBI), which is otherwise exempted from the ambit of the RTI Act, does not have immunity from disclosing records related to “allegations” of corruption and human rights violation held by it.

The preliminary enquiries, being “records” held by the agency carrying “allegations” of corruption, cannot be denied under the exemption from the Right to Information (RTI) Act enjoyed by the agency and should be judged in conformity to its provisions, the applicant said.

“...Commission directs the CPIO to provide the preliminary enquiry number, summary of allegations, date of registration and date of closure of the preliminary enquiries pertaining to allegations of corruption which have been closed by the agency without registering regular cases between 2014-2018,” Information Commissioner Divya Prakash Sinha said.

The case pertained to the RTI application filed by this correspondent on May 2, 2018 seeking from the CBI the copies of all the PES having allegations of corruption which have been closed by the agency without registering an FIR during 2014-18, along with details about date of registration, date of closure and reasons behind the closure.

A Preliminary Enquiry (PE) is the first step initiated by the CBI to assess criminality in prima facie allegations levelled by a complainant. If the allegations appear to be serious enough, the agency proceeds with an FIR or else PE is closed.

“The appellant has highlighted the issue of lack of transparency and probity in the domain of preliminary enquiries, as these remain distant from public scrutiny and he has sought for this information in the capacity of an ordinary citizen, without whatsoever ostensible personal interest,” Sinha said.

Asserting that disclosure will strengthen the structure of the CBI, Sinha said there is an overriding public interest in the disclosure of this information as envisaged under Section 8(2) of the RTI Act as it concerns allegations of corruption against public servants that were enquired into by the premier investigating agency for a period of five years.

“Such disclosure will strengthen the structure of this vital law enforcement arm of the government, per contra, the opacity will only add to casting aspersions on its working,” Sinha said.