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TMI Blog2010 (1) TMI 644X X X X Extracts X X X X X X X X Extracts X X X X ..... ordered on 17-11-2009 and an interim stay was granted. As both the writ petitions raised identical contentions and hence they were grouped together. Heard the arguments of Mr. M. Dhandapani, learned Special Government Pleader for petitioners and Mr. G. Rajagopal, learned Senior Counsel appearing for M/s. G.R. Associates for the second respondent Commission and Mr. Krishna Anand for the first respondent. 4. In W.P. No. 23507 of 2009, the first respondent sought for information regarding the number of police officials who were caught during the raid by DVAC together with the list of names, the designation and the address of officials, who were caught during raids along with the amount recovered from each officials as well as the details of departmental action taken against each officials, the details of prosecution launched against the officials under the Prevention of Corruption Act and the status of such prosecution against each officials and whether the persons whose names are furnished were reinstated in service and if so, the date on which they had rejoined service as well as the details of list of action taken by the department to prevent corruption at Police Station/Bran ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation are basically about the corruption and post-facto information after conviction, the proviso to Section 24 as well as Section 8(1)(h) of the Act will not be attracted. The Commission also held that if the petitioner organisation dealt with corruption as well as intelligence and security activities together, the portion relating to intelligence and security can be severed in terms of Section 10 of the RTI Act and the information regarding corruption alone can be made available. 8. The attention of the petitioner was also drawn to the fact that the Central Vigilance Commission (CVC) was regularly publishing in their website regarding the names of persons, who are investigated by the Commission for various corruption charges. The Commission also impressed the petitioner that they will have to protect valid public interest and the paramount interest is to maintain confidentiality as well as right to transparency. 9. Aggrieved by both the orders, the petitioner had approached this court. Mr. M. Dhandapani, learned Special Government Pleader referred to Section 24(4) of the RTI Act, which reads as follows : "24. Act not to apply to certain organisations.- (4) Nothi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 5, 6, 8, 9 and 11 of the order, the division bench had observed as follows : "5. As can be seen from the language used in the main part of sub-section 4, it states that nothing contained in this Act shall apply to such intelligence and security organisation. Thus, in the first part, two entities are mentioned in singular as organisation. Subsequently, they are referred as 'organisations' established by the State Government. If intelligence and security organisation was only one, there was no need to use the plural term 'organisations' subsequently. It clearly indicates that such an organisation can be for intelligence purpose or for security purpose. The word "and" between the two words intelligence and security organisation will have to be read as "or". Therefore, the second submission of Mr. Radhakrishnan cannot be accepted. 6. The third submission of Mr. Radhakrishnan was that this provision affects the fundamental rights envisaged under Article 19(1)(a) of the Constitution of India for freedom of speech and expression. It is material to note that sub-clause 2 of Article 19 of the Constitution of India provides that any such law insofar as it imposes reasonable re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner is well within their right to deny the information sought for by the first respondent in both the writ petitions and that the Information Commission had erred in directing the petitioner to furnish such information. 13. In the light of the above order of the division bench, this court is not inclined to go into the efficacy of exemption given to the Directorate of Vigilance and Anti-Corruption from the purview of the RTI Act. But, as rightly observed by the Commission, if some organisations operate in different spheres such as intelligence and security, in those areas, exemption can be valid. But when the very same organisation dealt with corruption cases of public servants, then exemption under Section 24(4) of the RTI Act cannot be taken advantage of, since the proviso to Section 24(4) clearly says that information pertaining to the allegations of corrupt and human rights violations shall not be excluded under the sub-section. 14. Therefore, notwithstanding the exemption obtained by the petitioner organisation, any information relating to the allegations of corrupt cannot be excluded from the purview of public access. The information sought for by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Centre and the States shall be spent and in exercising control over the executive. It is difficult to conceive of a duty more public than this or of a duty in which the State, the public and the community at large would have greater interest." (emphasis supplied) The aforesaid underlined portion highlights the important status of an MP or an MLA." 16. The Supreme Court in Vineet Narain v. Union of India reported in (1998) 1 SCC 226 dealing with cases of corruption of public servants dealt with the role of the judiciary in dealing with such matters and in paragraph 55, it had observed as follows : "55. These principles of public life are of general application in every democracy and one is expected to bear them in mind while scrutinising the conduct of every holder of a public office. It is trite that the holders of public offices are entrusted with certain powers to be exercised in public interest alone and, therefore, the office is held by them in trust for the people. Any deviation from the path of rectitude by any of them amounts to a breach of trust and must be severely dealt with instead of being pushed under the carpet. If the conduct amounts to an offence, i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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