Thiruvananthapuram: The Kerala RTI Federation has filed a complaint before the State Information Commission seeking a directive to the government to withdraw its notification exempting the top secret section of Vigilance and Anti-corruption Bureau from the purview of the right to information.
Advocate D. B. Binu, President of the Federation, said in his petition that the notification issued on January 27 this year was illegal.
He urged that commission may call for the records related to the notification and conduct an enquiry in to the circumstances in which the illegal the notification was issued and direct the Government to withdraw the notification forthwith.
The top secret section of the Vigilance and Anti-corruption Bureau dealt with enquires against Chief Minister, ministers, former ministers and elected representatives of people and All India Service Officers from the purview of the Right to Information Act.
Details of surprise checks against present and former ministers, All India Service Officers, members of the Assembly and members of Parliament and correspondence by Vigilance Bureau with Lok Ayukta, Lok Pal, CBI and Central Vigilance Commission are also sought to be protected from disclosure under the notification.
It has been issued invoking Sub-section 4 of Section 24 of the Right to Information Act that provides for exemption of intelligence and security organisations from the purview of the Act through notification. However, the section does not empower the government to exclude the Vigilance and Anti-corruption Bureau which is an investigation agency corruption against government officials and public servants from the purview of the RTI Act.
It may be noted that section 24 of RTI act provides for exempting an organization categorise that intelligence and security organization and even such an organization information related to corruption and allegations of human rights violation shall be provided to the citizen .Here the government have exempted to sections of an organization of VACB which deal with allegations of corruption against and officers of All India Services from the preview of the RTI Act. The action of the Government issuing the notification under 24 of RTI Act is against of the provisions of the very section of 24 under which the notification was issue, the petitioner said.