Delhi HC orders ED to disclose information on sexual harassment case under RTI Act

New Delhi : The Delhi High Court has directed the Enforcement Directorate (ED) to disclose information related to a sexual harassment case to the complainant under the Right to Information (RTI) Act.

Justice Prathiba M Singh ruled that information concerning allegations of sexual harassment falls within the scope of human rights violations, thus disallowing the ED's claim for exemption under the RTI Act.

The Act's Section 24 exempts certain intelligence and security organisations from disclosing information, except in cases of allegations of human rights violations.

In May 2017, the ED had refused to provide information about the implementation of an order in a sexual harassment case, citing this provision.

Despite the Central Information Commission (CIC) directing the ED in March 2019 to supply the information to the RTI applicant, the decision was challenged by the ED in the High Court.

The court had earlier awaited the Supreme Court's decision on a similar matter involving the supply of service records to an employee by the ED.

Justice Singh, considering the Supreme Court's decision and the nature of the allegations, stated that non-disclosure of information on sexual harassment falls within the ambit of human rights violations.

However, the court clarified that it had not examined the allegations but only addressed the information sought in the RTI application.