Whistleblowers Protection Amendment Bill: Can’t punish if info divulged in public interest, says SC

NEW DELHI: A whistle-blower cannot be punished for divulging confidential documents if he has acted in public interest, the Supreme Court has observed, giving a shot in the arm to activists opposing the Whistleblowers Protection Amendment Bill that they call “regressive”.

The Supreme Court’s observation, made while hearing the coal block allocation case last week, came just a day after the Lok Sabha pushed through the amendment bill on the last day of budget session.

The Bill has come under fire from the opposition and the civil society as it does not give any immunity to the whistle-blower under the Official Secrets Act. A whistle-blower cannot make an anonymous complaint and cannot divulge any corruption matter related to national security, information received from a foreign government in confidence, cabinet papers including deliberations of the council of ministers, and a number of other matters.

While hearing the coal block allocation case, the apex court had instructed CBI to maintain secrecy of investigation in the case.

Advocate Prashant Bhushan had filed a short notice in January this year with a photocopy of a file. While arguing that a special team must be constituted to look into the abuse of authority by former CBI director Ranjit Sinha to scuttle investigation in the coal block scam, Bhushan said the photocopy of the file was given to him by a whistle-blower.

However, Sinha’s counsel argued that Bhushan should be proceeded against Official Secrets Act for divulging confidential files.