- (1.) The present petition has been filed for quashing of the order dated 22.05.2014 (Annexure P-8) passed by respondent No. 1, whereby second appeal of the petitioner was dismissed solely on the ground that the Intelligence Wing of the respondent-State was exempted, under Section 24 of The Right to Information Act, 2005 ('RTI Act' for short) from disclosing the information sought by the petitioner. Notice of motion was issued and in response thereto, separate written statements have been filed. Respondent No. 1 has filed the written statement through Dr. Arvinder Singh, Secretary, State Information Commission whereas Varinder Kumar, IGP, Intelligence, Punjab has filed the written statement on behalf of respondents No. 2 to 5.
(2.) Learned counsel for the petitioner raised two arguments. Firstly, he submits that since the information sought by the petitioner vide Annexure P-1 was pertaining to corruption in the respondent-State, it was not exempted under Section 24(1) of the RTI Act. Secondly, he submits that if the information was not pertaining to the Department of respondent No. 4, he ought to have transferred the application of the petitioner under Section 6(3) of the RTI Act to the concerned Public Information Authority under intimation to the petitioner. He prays for setting aside the impugned order, by allowing the present writ petition.
(3.) Per contra, learned counsel for the State submits that even if the Intelligence Wing of the respondent-State was not exempted under Section 24(1) of the RTI Act, in view of first proviso thereto, yet, since there was no such record available with the Intelligence Wing, containing the information sought by the petitioner, no such information could be supplied to the petitioner. He further placed reliance on Section 24(4) of the RTI Act to contend that the State has issued a separate notification in the Official Gazette that Intelligence Wing was exempted from disclosing any information. He also submits that the petitioner was seeking creation of an information which was not the scope of the RTI Act. He prays for dismissal of the writ petition.;