Bring vigilance department back into RTI ambit: UP RTI activists

http://www.merinews.com/article/bring-vigilance-department-back-into-rti-ambit-up-rti-activists/15832970.shtml   Bring vigilance department back into RTI ambit: UP RTI activists The memorandum states that the issuance of the said notification by the state government of Uttar Pradesh while invoking the provisions of section 24 ( 4 ) of the RTI act is illegal & unconstitutional. CJ: urvashi sharma   UTTAR PRADESH RTI activists have come together and have raised the demand of scrapping the Notification no. 2339/39-4-2010-21/05, dated 22 September 2010 issued by Satarkta Anubhag – 4 of Uttar Pradesh Government. A five member delegation is going to meet the Governor, Chief Minister and Chief Information Commissioner of Uttar Pradesh in person for detailed discussions on the matter.   The memorandum states that the issuance of the said notification by the state government of Uttar Pradesh while invoking the provisions of section 24 ( 4 ) of the RTI act is illegal & unconstitutional. The Memorandum further says that the reasons as stated by the Government for the need of the said notification are too childish to rely on by the masses and raise doubts about the intentions of the Government vis-à-vis establishing the fair RTI regime in the state.   The provisions of the notification already existed in Section 8 ( 1 ) ( h ) of The RTI Act 2005 , which empowers any CPIO / PIO to deny any citizen the information which would impede the process of any investigation or apprehension or prosecution of any of the offenders.  As the very same provisions already existed, there was no need to make duplicity of provisions as it strengthens the belief of malafide intent of the Government about fair implementation of the Act in State in the minds of the masses, says the memorandum.   The memorandum emphasises that Section 24(4) can apply to "intelligence and security organization "only and that Vigilance department primarily deals with issues of corruptions & does not completely qualify for consideration under section 24(4) and thus the state Government's move is ab initio void and needs to be scrapped.   One interesting plea given in memorandum states that since Notification for 3-tier UP Panchayat elections was issued on 16th September 2010 and With issuance of this notification, the modal Code of Conduct was enforced in the state with immediate effect so Under such circumstances issuance of Notification no. 2339/39-4-2010-21/05 on 22 September 2010 by Uttar Pradesh government goes against model code of conduct and is untenable in the eye of law so this notification needs to be scrapped .   The memorandum lays emphasis on the paramount ideal of the RTI Act which is the transparency of operations of public authority and states that there is difference in the terminology relating to intelligence and security organizations. As the vigilance primarily deals with corruption and is marginally involved in intelligence and security activities . So even without this notification, the PIO is at liberty to deny the portion of information relating to intelligence and security and can be severed in terms of Section 10 of the RTI Act and the information regarding corruption alone can be made available. Hence there is no need for this notification, says the memorandum.     The memorandum lays emphasis on the fact that the said Notification adversely affects the fundamental rights envisaged under Article 19(1)(a) of the Constitution of India for freedom of speech and expression and sets a very bad precedence for the future of RTI regime in the state.   The demands raised by this memorandum include scrapping the notification no. 2339/39-4-2010-21/05, dated 22 September 2010 and to provide time to meet a five member delegation of RTI activists in the larger interest of the society and the state. -- Urvashi Sharma RTI Helpmail( Web Based ) aishwaryaj2010@gmail.com Mobile Rti Helpline 8081898081 ( 8 A.M. to 10 P.M. )