 Online edition of India's National Newspaper Wednesday, Apr 01, 2009 ePaper | Mobile/PDA Version |
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Tamil Nadu
CHENNAI: The Madras High Court on Monday dismissed a petition challenging a State government order of August last year which declared that the Right to Information Act would not apply to the State Vigilance Commission and the Directorate of Vigilance and Anti-Corruption (DVAC). The First Bench, comprising Chief Justice H.L. Gokhale and Justice F.M. Ibrahim Kalifulla, said the State had given reasons as to why the two organisations were exempted. In the order, it had been specifically mentioned that these two organisations primarily dealt with investigation into alleged corrupt activities of public servants. The investigation and subsequent actions culminated in disciplinary action or criminal action in the appropriate courts. It was stated that confidentiality and secrecy in certain cases were required to be maintained right from the initial stage up to filing of charge sheet and up to issue of final orders in the case of disciplinary proceedings. Referring to counsel’s submission that even an organisation like the CBI had not been exempted from the Act, the Bench said in its view the two provisions of Sections 24 (1) and 24 (4) of the Act dealt with exemption to organisations which were established by the Central government and the State government. Those were two separate provisions. One need not be mixed up with the other. In his petition, P. Pugalenthi, an advocate, submitted that the State Vigilance Commission and the DVAC could not be construed to be “secret organisations” which should always be in the inner recesses of government. He prayed the court to call for the records relating to the government order and quash the same.
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