The State Government’s notification excluding Vigilance from the RTI Act purview was challenged in the Orissa High Court.
Rights activist Subash Mohapatra challenged the constitutional validity of the August 11 notification issued by the Information and Public Relations Department. He noted that the notification is against the spirit and preamble of the Right to Information Act, 2005.
Mohapatra sought the court’s intervention to declare the notification as ultra vires.
Notably, the notification said, “In exercise of the powers conferred by sub-section (4) of the Section 24 of the RTI Act, the State Government do hear by specify that nothing contained in the said Act shall apply to the General Administration (Vigilance) department and its organisation.”
The petitioner contended that the notification clearly violates Article 19(1) (a) of the Constitution, which, as per the interpretation of the Supreme Court, guarantees to all Indian citizens the fundamental right to information. “It is rightly regarded as the harbinger of change, the instrument of empowerment of the common man. The Act has laid down revolutionary provisions to enable each citizen to demand answers to questions pertaining to public acts performed by the public functionaries,” the petitioner said.
“The rules are meant only to carry out the provisions of the Act and cannot take away what is conferred by the Act or whittle down its effect,” said Mohapatra.
Mohapatra said in terms of Section 24(4), the State Government is empowered to notify in the Official Gazette that nothing contained in the RTI Act shall apply to such intelligence and security organisations established by the State Government.
“Nevertheless, in the light of the above proviso, the State Government cannot notify exclusion of information pertaining to the allegations of corruption and human rights violations,” pointed out Mohapatra.