Keralam Home Minister defends RTI exemption for Vigilance’s top-secret sections

Ramesh Chennithala

Home Minister Ramesh Chennithala on Tuesday defended the exemption of the top-secret sections of the Vigilance and Anti-Corruption Bureau (VACB) from the purview of the Right to Information (RTI) Act.

According to him, the exemption was necessary to prevent the disclosure of confidential records from compromising ongoing investigations and benefiting those accused of corruption.

Replying to an urgent question by CPI legislator K.K. Valsaraj in the Keralam Legislative Assembly, Mr. Chennithala said the exemption for the T1 and T2 sections, which handles confidential files of the VACB, was made on the basis of a recommendation made by the Vigilance Director during the previous Left Democratic Front (LDF) government’s tenure. The recommendation highlighted the possibility that disclosure of records relating to ongoing vigilance investigations could jeopardise the probes.

Confidential information, including statements by witnesses and inputs provided by informants, needed to be protected while an investigation was in progress. Premature disclosure could alert the accused, undermine evidence-gathering and ultimately defeat the purpose of the investigation, the Minister added.

The Minister particularly cited Vigilance trap cases and other corruption investigations as instances in which secrecy was essential. Information relating to such cases should remain confidential until the investigation was completed and the relevant reports were submitted to the court, he said.

The Minister pointed out that Section 24 of the RTI Act already provided exemptions for specified investigation and security agencies. At the national level, agencies such as the Intelligence Bureau and the Central Bureau of Investigation were covered by exemptions, while Keralam has similar provisions for various investigation wings, including the Special Branch, Crime Branch and Crime Records Bureau, he said.

Besides, the T1 and T2 sections dealt with highly confidential matters, and the restriction would concern only a small proportion of cases. He also cited matters involving internal security, national security and other sensitive investigations as examples where maintaining confidentiality was necessary.

At the same time, the government was prepared to provide information in accordance with the applicable legal provisions. First Information Reports (FIRs) and chargesheets submitted to courts could be accessed by the public through the prescribed channels. The VACB was also publishing information on its website in accordance with the RTI Act’s provisions, he added.