Vigilance RTI exemption to shield top officials? Section-wise shield faces legal challenge

THIRUVANANTHAPURAM: The exemption of two sections of the Vigilance Department from the purview of the Right to Information (RTI) Act could prevent information about corruption cases against senior officials from coming to light. The most significant of the two is the T-2 (Top Secret) section, which handles cases involving the Chief Minister, ministers, MPs, MLAs and IAS and IPS officers. The other is the T-1 section, which maintains intelligence information on corrupt individuals.

Files that the government wants to keep confidential could be shifted to these sections, potentially undermining the public's right to information. Section 24 of the RTI Act allows central and state intelligence and security organisations to be exempted from the Act. However, the provision cannot be used to exempt individual sections within an office from the purview of the law. At present, 25 central agencies, including the Intelligence Bureau (IB), Research and Analysis Wing (RAW), Central Bureau of Investigation (CBI), Border Security Force (BSF), Central Reserve Police Force (CRPF) and National Security Guard (NSG), enjoy partial exemption. Even these agencies are required to disclose information relating to corruption, human rights violations and custodial deaths. The CBI also provides information that does not affect national security or adversely impact an ongoing investigation.

The Vigilance Department's RTI exemption was introduced under the pretext of exemptions granted to security and intelligence agencies. Earlier, a notification had been issued exempting eight institutions, including forensic laboratories and the Fingerprint Bureau, as well as certain police sections, from the purview of the RTI Act.

When RTI queries concern the government or senior officials, the strategy is to transfer the files to T-sections. Even information about the police department's hired helicopter had been withheld using this provision. In 2017, the state government approached the High Court arguing that it was not obliged to disclose Cabinet decisions. The government subsequently backed away from the issue after it triggered controversy.

Notification revoked after court challenge

• A notification issued on January 27, 2016, exempting the Vigilance T-Branch from the RTI Act was revoked in February 2023 after the matter became the subject of a case before the High Court.
• An order issued by the Vigilance Director on February 9, 2016, prohibiting T-Branch officials from providing investigation-related information was also revoked.
• The Vigilance Department still does not disclose information about informants who provide details of corruption, information relating to ongoing investigations, or information concerning cases before courts.
• Annual performance appraisal reports of officials are provided with their consent. Information about tenders, designs and confidential details of bribery transactions is not disclosed.

Information that can be exempted from disclosure

The following categories of information may be exempted from disclosure under the applicable provisions of the law:

• Matters affecting the sovereignty and security of the country
• Information prohibited from disclosure by a court
• Information whose disclosure would constitute a breach of privilege of Parliament or a state legislature
• Commercial and trade secrets
• Information received from foreign governments
• Information that could endanger a person's life
• Information that could impede an investigation