Government hoodwinks public on exemption to Vigilance Police from RTI

Thiruvananthapuram: The government is misleading the media and public regarding the purpose and implications of the notification exempting Vigilance and Anti-corruption Bureau (VACB) from the purview of right to information.

Chief Minister Oommen Chandy told the media after Tuesday’s Cabinet meeting that the notification—withdrawal of which had been demanded by KPCC president V. M. Sudheeran, RTI activists and others—was being retained to protect the lives and physical safety of informants.

However, there is no need for such a notification to achieve that objective. The Right to Information Act already has a provision for that.  Section 8 (g) of Act lays down that information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes need not be disclosed.

Besides, Section 8 (h) adds that information which would impede the process of investigation or apprehension or prosecution of offenders shall be exempted from disclosure.

Clearly, the notification was not issued to achieve the purpose of protecting petitioners or those who provide valuable information to VACB. Its outcome that benefited politicians and bureaucrats were not unintentional. Note that, as prelude to issue of notification, the Director of VACB brought work in the Bureau including vigilance enquiries against former chief ministers, ministers, all India service officers and members of legislatures under the top secret branch which was proposed to be excluded from the purview of right to information. This was on January 18 and the notification came on January 27.

It is the office order redistributing the work that is being withdrawn now and not the notification. Besides, there is another office order directing VACB offices not to provide information under RTI Act in view of the notification. The Chief Minister has not said that this would be withdrawn or modified.

Despite withdrawal of the first office order, the T branch will remain and people would be denied information on matters dealt with by this branch under the illegal notification.

The notification issued under Section 24 (4) is illegal because the section provides for exemption of only intelligence and security agencies from the purview of right to information. Besides, the Section expressly states that information pertaining to the allegations of corruption and human rights violations shall not be excluded.

In any case, the illegal notification by the government will eventually be nullified by the State Information Commission or courts. However, the purpose of those in power will be served. Because of the confusion created by the order, no information on cases against Chief Minister and ministers will be coming out of the VACB before the elections though it is the legitimate right of the citizen to get it.