Cuttack: In a significant development, the Orissa High Court on Monday quashed the Odisha government’s notification keeping the State Vigilance department out of the purview of the RTI Act. Orissa High Court Chief Justice S Muralidhar while hearing three writ petitions passed an order stating that the General Administration (Vigilance) department cannot refuse to divulge information pertaining to corruption and human rights violations, which is not protected from disclosure by virtue of the first provision to Section 24 (4) of the RTI Act.
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The judgement comes in the backdrop of the Odisha government's order on August 11, 2016, exempting the State Vigilance department from providing information under the RTI Act. Petitioners Subash Mohapatra, Sudhanshu Kumar Nanda and Pradip Kumar Pradhan had filed writ petitions in 2016 separately. Justice Muralidhar stated in the order that information that does not touch upon any of the sensitive and confidential activities undertaken by the Vigilance Department cannot be withheld.
The court also issued a declaratory writ mentioning that the impugned notification will not permit the State government to deny information pertaining to the Vigilance Department involving allegations of corruption and human rights violations and other information that does not touch upon any of the sensitive and confidential activities undertaken by the department. It directed the Odisha government to issue another notification clarifying the matter within four weeks. In their petitions, the petitioners said the Odisha government’s notification on the Vigilance department violates Article 19 (1)(a) of the Constitution of India, which guarantees to all Indian citizens the fundamental right to information.
