Clarification sought on exemption to Crime Branch-CID from RTI Act
Special Correspondent
CHENNAI: The Madras High Court has asked the Public Department to clarify on Government Order 1043, which exempts the Crime Branch-CID from the purview of the Right to Information Act.
Justice V. Dhanapalan, passing orders on a writ petition filed by Vishwanath Swami, said the October 14, 2005 gazette notification of the Act exempted the CB-CID from the applicability of the Act but did not make anything clear about the exemption.
“The Government of Tamil Nadu has to clarify the position of exemption available under the provisions of the Act in the first proviso to Section 24(4) of the Act…Either the petitioner or the respondent(s) is directed to approach the Secretary of the Public Department with regard to the clarification in respect of first proviso to Section 24(4) of the Act, and the Government of Tamil Nadu has to come out with a clarification to clear that in cases of allegation of corruption, whether the applicability of the Act can be considered.”
The petitioner sought a direction to the respondents to ensure compliance with the RTI Act provisions by the Chennai Commissioner of Police and the CB-CID, besides action against the persons responsible for denying him certain information under the Act.
He was a party-in-person “trying to expose” Kalki Bhagawan and his activities.
He claimed that the police had taken “huge bribe” and illegally exonerated high-profile persons accused of assaulting and attempting to murder him. Noting that the case came under the purview of corruption, he said the exemption provided under the Act and under Section 24(4) should not be applied.
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