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2011 Supreme(Mad) 3887

T.S.SIVAGNANAM, M.Y.EQBAL
S. Vijayalakshmi – Appellant
Versus
Union of India, Rep. by its Secretary to Government, New Delhi – Respondent


Advocates appeared:
For the Petitioner:Manikandan Vathan Chettiar, Advocate.
For the Respondents: R1 - Gouravah Banerji, Additional Solicitor General of India assisted by P. Chandrasekaran SCGSC, R2 -M. Ravindran, Additional Solicitor General of India assisted by N. Chandrasekaran Spl. P.P.

Judgment :-

T.S. SIVAGNANAM, J.

1. By way of this Public Interest Litigation, the notification issued by the Government of India in G.S.R.No. 442E, dated 09.06.2011, including the Central Bureau of Investigation (CBI) within the ambit of the second schedule to the Right to Information Act, 2000 (RTI Act) has been questioned as being ultra vires Section 24 of the RTI Act and Article 14 of the Constitution of India.

2. According to the petitioner, in the light of the various scams, the country has become rudderless in the war on corruption and at this juncture, the Government instead of becoming more transparent has become reactionary by resorting to Section 24 of the RTI Act by granting blanket exemption to the CBI. It is further contended that the respondents over looked the first proviso to Section 24(1) of the Act excluding information pertaining to allegations of corruption and human rights violation from being exempted under Section 24 of the Act. Further, Section 24 exempts only intelligence and security agencies and CBI is an investigating agency cannot be granted a blanket exemption. Further, it is contended that the plea that investigative data require confidentiality has b













































































































































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