This does not mean dilution of law: Himachal chief secy on exclusion of state vigilance & ACB from RTI ambit

State government, as part of “Vyvsatha Parivartan”, had issued a notification excluding the state vigilance and ACB from the ambit of the Right to Information (RTI) Act, 2005

A day after Himachal Pradesh government issued a notification regarding exclusion of state vigilance and anti-corruption bureau from the ambit of the Right to Information (RTI) Act, 2005, chief secretary said that the removal does not mean dilution of law in any way.

This was not needed but the government has taken this decision to misuse these investigating agencies, said leader of Opposition Jai Ram Thakur on Friday. (File)

“This is an administrative decision taken on lines of the Bharatiya Janata Party (BJP)’s government at Centre by which CBI and IB out of the ambit of RTI,” said Himachal chief secretary, Sanjay Gupta, while talking to Hindustan Times.

“This does not mean dilution of law in any way. But the decision was taken considering the sensitive nature of investigation processes. During investigations into corruption cases, several sensitive details are involved and making such information public through RTI could affect the probe process. Therefore, the state vigilance and ACB has been kept outside the purview of the RTI Act,” said Gupta, while adding that the proposal has been under consideration for sometime.

State government, as part of “Vyvsatha Parivartan”, had issued a notification excluding the state vigilance and ACB from the ambit of the Right to Information (RTI) Act, 2005. According to the notification, the decision has been taken by exercising powers under Section 24(4) of the RTI which states “In exercise of the powers conferred under Section 24 (4) of the Right to Information Act, 2005, the governor, Himachal Pradesh is pleased to exclude the state vigilance and ACB from the ambit of the Right to Information Act, 2005.”

This means that now citizens will no longer be able to directly obtain information from the Vigilance and Anti-Corruption Bureau through RTI applications. However, as per the provisions of the law, limited information related to corruption and human rights violations can still be sought.

However, the decision has given ammunition to BJP for cornering the state government.

Bharatiya Janata Party (BJP) on Friday has lashed out at Sukhvinder Singh Sukhu-led Congress government and termed the move as “unconstitutional and authoritarian”.

Leader of Opposition and former chief minister Jai Ram Thakur said, “This was not needed but the government has taken this decision to misuse these investigating agencies.”

Questioning the timing of the notification, Thakur said, “CM had ordered a vigilance inquiry against deputy CM and some RTI activists had sought information on this. To avoid the same, the government has brought the notification.”

Terming it “unfortunate”, Thakur said, “The government should have brought the same before the House and held discussion. The manner this has been done raises questions on the intention of the government.”

Questioning the move, BJP state media in-charge and MLA from Naina Devi Randhir Sharma said that a state government does not have the authority to alter or weaken a law that has been passed by Parliament, yet the Himachal government has taken a decision that effectively undermines the spirit of the Right to Information Act, 2005.

“RTI Act was enacted in 2005 by the Parliament of India during the tenure of former Prime Minister Manmohan Singh. The purpose of the law was to bring transparency and accountability into the administrative system. Ironically, the Congress government in Himachal under the leadership of CM Sukhvinder Singh Sukhu is now weakening the very law brought by its own party,” said Sharma.

Principal media advisor to the chief minister, Naresh Chauhan, said, “The state government is well within its rights to issue the notification. BJP’s is making politically motivated statements. The government of India kept CBI and IB outside the ambit out of RTI and both these agencies are being used as took against opposition in the country but the BJP leaders never questioned it. This only brings out the dual standard of BJP.”