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2011 Supreme(Mad) 1946

2011 (3) CTC 241, 2011 WLR 469
High Court of Judicature at Madras
D. MURUGESAN & K.K. SASIDHARAN
The Superintendent of Police
Versus
R. Karthikeyan & Others
W.A.Nos.320 & 321 of 2010
Decided on : 06-04-2011

Advocates appeared:
For the Appellant: G. Desinghu, Special Government Pleader.
For the Respondent: R. Karthikeyan, Party-in-person, M. Muthupandian for R1 , P. Kannan for M/s G.R. Associates for R2.

Ratios
a. ’Right to get information’ is an integral part of freedom of speech.
b. Right to life under Art.21 of the Constitution of India includes the right to be informed.
c. In respect of furnishing information relating to corruption and human rights, the intelligence and security organizations cannot claim exemption under Sec.24 of the Right to Information Act, 2005.

Headnote:(A)Right to Information Act, 2005(22 of 2005)-Sec.24(4)-Constitution of India-Art.19(1)(a), 21- Fundamental right-Freedom Of Expression-Information-Corruption-Exemption-Respondents sought for various information regarding the steps taken by the appellant to the curb corruption and the details of the officers involved etc. which were refused by appellant against which respondents preferred appeal-Ultimately, the State Information Commissioner directed the furnishing of those information which was challenged by the appellant by filing writ petition-While the appellant contended that the provisions regarding furnishing information was not applicable to it and it was exempted, respondent resisted it by contending that in respect of information regarding corruption and human rights, even the police and intelligence officials were not exempted-When the writ petition was dismissed, appellant preferred appeal-Parties stood by their stands-Held, information regarding the act of corruption and the steps taken to curb it cannot be denied merely on the ground that they relate to the police and vigilance department-Information regarding corruption and human rights cannot be denied or exempted from being furnished by any agencies-As the information sought for were related to various aspects of corruption and the steps taken, their denial were wrong-Appeal was dismissed and the appellant was directed to furnish the information sought for by the respondents.

       (B)Right to Information Act, 2005(22 of 2005)-Sec.24(4)-Constitution of India-Art.19(1)(a), 21- Fundamental right-Freedom Of Expression-Right to life-Information- Nature-’Right to get information’ is an integral part of freedom of speech-Right to life under Art.21 of the Constitution of India includes the right to be informed.

       The right to information is now treated as an invisible integral part of the right of free speech. As information is vital not only for the betterment of the society but also for the betterment of an individual, Article 21 guarantees right to life including the basic right to be informed. Para 7

       Though the Indian Constitution has no express provision guaranteeing the right to information, it has been recognized by the Courts in a plethora of cases as implicit in Article 19(1)(a), which guarantees to all citizens the right to free speech and expression, and Article 21 of the Constitution which guarantees the right to life in accordance with due process to all citizens. Para 11

       (C)Right to Information Act, 2005(22 of 2005)-Sec.24(4)- Information-Corruption-Exemption-Intelligence-Security-In respect of furnishing information relating to corruption and human rights, the intelligence and security organizations cannot claim exemption under Sec.24 of the Right to Information Act, 2005.

       In terms of Section 24(4), the State Government is empowered to notify in the Official Gazette that nothing contained in the Right to Information Act shall apply to such intelligence and security organization being organizations established by the State Government. Nevertheless, in the light of the first proviso, such power being conferred on the State Government to notify exempting such intelligence and security organizations, it cannot notify in respect of the information pertaining to the allegations of corruption and human rights violations. Para 17

Judgment :-

1. Both the writ appeals, at the instance of the State, are directed against the common order dismissing the writ petitions.

2. The factual matrix leading to the filing of the writ petitions and the writ appeals are as follows. The Government of Tamil Nadu issued G.O.Ms.No.158, Personnel and Administrative Reforms (N) Department dated 26.8.2008 specifying that the provisions of the Right to Information Act, 2005 (hereinafter referred to as "the Act") shall not apply to the Tamil Nadu State Vigilance Commission and Directorate of Vigilance and Anti-Corruption organizations. It also issued a notification to the said effect in the Tamil Nadu Government Gazette in exercise of the powers conferred under sub-section (4) of Section 24 of the said Act. Thereafter, a press release was issued by the Director of Information and Public Relations, Chennai vide Press Release No.786 dated 23.9.2008 to the effect that the exemption has been given to the Department of Vigilance and Anti-Corruption only considering the fact that even before the investigation is completed in a case and even before a decision is taken by the Government to proceed further, furnishing information to an applicant would hamper the investigation, especially, in most of the cases, the delinquents themselves would be interested to know about their cases under the Right to Information Act. Hence, it was stated that the required information cannot be furnished to them. It was also further stated that once the investigation stands completed and a final report was laid before the Government, the information can be obtained by an applicant under the Right to Information Act.

3. Based on the said press release, Thiru V.Madhav, the first respondent in W.A.No.321 of 2010, made an application dated 4.10.2008 before the Public Information Officer, Directorate of Vigilance and Anti-Corruption, Chennai seeking for furnishing of certain particulars under the Right to Information Act, namely, number of investigations completed and the number of persons convicted for the years from 2003-2004 to 2007- 2008 with the details as to the names of such convicted persons, the post held by them when the act of corruption was done, the charges framed and the recommendations given to the Vigilance Commissioner after investigation. As those particulars were not furnished, he filed appeal dated 8.8.2008 before the Appellate Authority seeking to take suitable steps to furnish those particulars within the time limit specified under the Act. Thereafter, a further reminder was also made on 27.11.2008. Even thereafter, as no information or reply was furnished/received, he filed a second appeal dated 11.12.2008 before the Tamil Nadu State Information Commission seeking for suitable directions for furnishing of the particulars sought for by relying upon the proviso to Section 24(4) which states that "Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section". In the meanwhile, the Superintendent of Police, Central Range/Public Information Officer by letter dated 12.12.2008 informed the first respondent that the Act shall not apply to the Directorate of Vigilance and Anti-Corruption as per the Government Order dated 26.8.2008 and that the authenticated press release cited by the first respondent was not received in the Directorate and therefore refused to furnish the information. Thereafter, the second appeal of the first respondent was considered by the second respondent-State Information Commission and after holding of enquiry on 24.9.2009, the second respondent, by order dated 16.10.2009, directed the appellant-public authority to furnish the particulars to the first respondent within two weeks of the receipt of the order.

4. Likewise, Thiru R.Karthikeyan, the first respondent in W.A.No.320 of 2010, filed an application dated 30.12.2008 before the Public Information Officer, Home Department, Secretariat,
































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