Bhubaneswar, Aug. 13: The state government will keep vigilance wing, the nodal agency that probes all government cases of corruption, out of purview of the Right to Information (RTI) Act on the plea that the provision is being “misused” by vested interests.
The decision that has evoked criticism from social activists and Opposition parties was taken on Thursday.
Information and public relations secretary Manoranjan Panigrahi said: “People are grossly misusing the provision, which was affecting the investigation process of the general administration department’s vigilance wing.”
Civil rights activist Pradeep Pradhan, however, questioned the government’s authority to take such a decision. “Under the RTI Act, only security and intelligence wings are to be excluded from the RTI (under section 24 of the Right to Information Act, 2005). But, the vigilance department, which essentially deals with corruption cases, does not fall in this category. So, the action is arbitrary.”
Pradhan said the government often did not disclose the vigilance reports of various investigations.
“Through the RTI, people could ask for such reports. In the past six months, we have sought information on many reports. The government has not supplied us with the required information. Instead, they have decided to keep the vigilance department out of public scrutiny.”
Pradhan said they would move the judiciary and challenge the decision. “We also plan to meet the governor in this regard,” he said.
Former information commissioner Jagadananda said the decision was not justified.
“The government could have excluded the confidential information from the RTI fold. But, it could have shared other information.”
However, former director-general of police Gopal Chandra Nanda defended the decision and said: “It’s a logical step and should have been done earlier. When the Central Bureau of Investigation, state’s crime branch wings and the district intelligence wings have been kept out of the RTI ambit, why shouldn’t the vigilance wing be?” asked Nanda, a former head of the vigilance wing of the state government.
He said: “Confidential information should not be shared with people in general as it affects the investigation. In many cases, it has been noticed that the accused persons resort to the RTI to seek information for their own benefits.”
The vigilance directorate of Tamil Nadu is also out of the RTI’s purview.
Social activist Nikhil Dey said the RTI was applicable to the Central Vigilance Commission, and if the Odisha government is doing it they are diluting the act.
Information commissioner of the Uttar Pradesh government Raj K. Singh said the RTI was applicable to all corruption cases.
Opposition leader Narasingha Mishra described the move as an attempt to shield corrupt people and a “self-protection mechanism”. “The government is scared that its misdeeds would be exposed through the RTI and that’s why it has taken such an action,” he said.
BJP leader Pradeep Purohit said the government used the vigilance probe as a shield to protect its officials and the ruling party leaders. “The government does not want the investigation details in these cases to come out in public. Now, they will use the vigilance against the Opposition.”
BJD spokesperson Samir Ranjan Dash said: “Investigation will be hampered if we share all the information. It will be counter productive. That’s the reason why the CBI has been kept out of the RTI’s ambit.”