The transparency law, however, makes it clear that even exempt organisations are covered under the RTI Act when the information sought (any material in any form held by or under the control of an authority) pertains to allegations of corruption.
It does not make any distinction whether the allegations are against an authority, its staff or not. According to law, the only condition to be seen is whether the authority has the information in its control.
Activist Venkatesh Nayak said that when he approached CBI seeking the details of the FIR against Rajan in which allegations related to corruption have been levelled, the agency cited Section 24 of RTI Act to reject the application after 49 days.
"As such, the RTI Act is not applicable to CBI," the agency said.
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"Clearly, no FIR would have been registered suo motu under the provisions of PoCA if the CBI were not investigating a case of corruption involving issuance of the allegedly fake passport by officials of the Indian Mission in Sydney. By CBI's own admission, there is an allegation of corruption," he said.
Underworld don Rajan was brought to India in November last year from the Indonesian tourist city of Bali by a joint team headed by CBI officials to face trial in over 70 cases of murder, extortion and drug smuggling in Delhi and Mumbai.
Ahead of his arrival in India, Maharashtra government, in a surprise announcement, had said it was handing over all the cases related to the underworld don to CBI as the agency had expertise in handling such cases.