The petition, filed through Supreme Court advocate Jose Abraham, challenges the October 22 notification excluding the bureau’s T1 and T2 sections from the transparency law. The federation contends that the decision could restrict public scrutiny of corruption investigations involving senior officials.
The legal challenge places the scope of the government’s exemption powers under judicial examination, whether vigilance branches qualify as intelligence or security organisations under Section 24(4) of the Act.
The notification was published in an extraordinary Kerala Gazette during the Assembly session. It added the two sections to the categories covered by an earlier state notification exempting specified intelligence and security organisations from the legislation.
The federation argues that protecting confidential investigations must not become a means of denying access to information concerning alleged corruption. Its petition also draws attention to the statutory safeguards governing information about corruption allegations and human rights violations, which remain applicable even to exempt organisations.
Section 24(4) empowers state governments to specify intelligence and security organisations that fall outside the Act’s ordinary disclosure provisions. However, the legislation expressly preserves access to information pertaining to allegations of corruption and human rights violations.
The dispute therefore concerns both the legality of identifying individual sections for exemption and the practical treatment of requests seeking records about suspected wrongdoing. The petitioners fear that moving sensitive case files into exempt sections could make scrutiny more difficult.
Home Minister Ramesh Chennithala defended the government’s decision in the Assembly on Tuesday, saying it was not intended to weaken the RTI Act or conceal corruption. He maintained that confidentiality was necessary for effective investigations and that information concerning corruption and human rights violations would not be withheld merely because of the exemption.
Responding to concerns raised by CPI legislator K K Valsaraj, Chennithala said such information should be disclosed after investigations were completed. The distinction between ongoing inquiries and permanent denial remains disputed.
The government’s stated justification rests on the sensitive responsibilities assigned to the two sections. T1 maintains annual confidential reports relating to ministerial, executive and legal personnel, along with highly protected personal files and classified documents. It also handles confidential verification and vigilance inquiries involving senior officials.
T2 processes weekly diaries submitted by vigilance officers and collects intelligence inputs, including information from confidential sources. Its responsibilities include handling complaints received through dedicated telephone lines and coordinating surprise inspections, activities requiring operational confidentiality.
Critics nevertheless question whether the classification of these functions warrants a blanket organisational exemption rather than decisions on individual information requests under the existing provisions of the RTI Act. They argue that the distinction matters because vigilance records may contain material relevant to public accountability as well as operationally sensitive information.
The controversy has also drawn political criticism. BJP leaders have alleged that the exemption could shield corruption cases involving political leaders and senior bureaucrats. The government rejects that allegation. No hearing date or interim order was confirmed when the petition became public, leaving the October 22 notification in place pending any further directions from the High Court.
The latest notification reverses the position adopted in 2022, when the T branch was restored to the RTI framework following legal proceedings challenging an earlier exemption.
(The article ‘Vigilance exemption challenged in court’ appeared first on Free Press Journal.)
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