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TMI Blog2011 (4) TMI 1088X X X X Extracts X X X X X X X X Extracts X X X X ..... rs 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uring the raids, the list of names, the designation and the address of such officials who were caught and the amount recovered from each official, details of departmental actions taken against such official including the copy of enquiry report, the details of prosecution launched against such officials, the status of prosecution against each official, how many have been re-inducted into active service including the date of rejoining the service and their present place/station of service, the details of action taken by the Department to prevent corruption at police stations/branches/wings especially in Chennai city and the grievance redressal machinery for the public to make a complaint against such corrupt official demanding bribe/favour to do the duty. By letter dated 5-1-2009, the Public Information Officer/Deputy Secretary to Government, Home Department informed the first respondent that the application has been forwarded to Personnel and Administrative Reforms (N) Department and that the particulars would be furnished by them. By another letter dated 13-1-2009, the Public Information Officer/Under Secretary to Government, Personnel and Administrative Reforms (N) Department info ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the appeals within two weeks from the date of receipt of the order, failing which to face further action at the hands of the Information Commission under Section 20(1) and 20(2) of the Act. The correctness of the said order is put in issue in these writ appeals. 6. We have heard the learned Special Government Pleader for the appellant and the respective learned counsel for the first and second respondents apart from the party-in-person. 7. Before considering the submissions, we are inclined to refer to the object for which the Right to Information Act has been enacted by the Parliament. The legal entrenchment of the right to information is drawn from the United Nations, which recognised the "freedom of Information as fundamental human right and as the touchstone for all freedoms to which the United Nations was consecrated." The right of free expression and declaring information has been recognised at the common law many years back, as the fundamental rights of the public to know what the Government have been transacting in their name. Until we adopted our Constitution in 1950, there had been no scope for individual freedom at any time in India's history. After the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and secondly, it leads to transparency in the government functioning. 10. The use of the Right to Information Act needs no elaborate reference as the very fact that such a right to get information has been recognised as a fundamental right. To put it precisely, the information supplied under the Act brings about transparency and accountability, both of which hold to reduce corruption and increased efficiency in governance and it also encourages participation of the people in a democracy. The need for right to information ensures people's participation, ensures principle of accountability, transparency, limiting the discretion powers given to officials, protects the civil liberties, effective and proper implementation of schemes of government and makes media more effective. 11. 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. The background of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Liberties v. Union of India reported in (2004) 2 SCC 476, it was observed that - "Right of information is a facet of the freedom of 'speech and expression' as contained in Article 19(1)(a) of the Constitution of India. Right of information, thus, indisputably is a fundamental right." In another case in Union of India v. Assn. for Democratic Reforms, (2002) 5 SCC 294, it was observed that "the right to get information in a democracy is recognized all throughout and it is a natural right flowing from the concept of democracy". 14. The Apex Court in Indira Jaising v. Registrar General, Supreme Court of India, reported in (2003) 5 SCC 494, also took the same view and held - "It is no doubt true that in a democratic framework free flow of information to the citizens is necessary for proper functioning particularly in matters which form part of a public record. The decisions relied upon by the learned counsel of the petitioner do not also say that right to information is absolute. There are several areas where such information need not be furnished. Even the Freedom of Information Act, 2002, to which also reference has been made, does not say in absolute terms that information g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etrimental to the progress of the case. Of late, there has been a tendency on the part of some citizens to ask for a lot of information under the Right to Information Act, 2005. The Government feel that in vigilance cases giving Information at the initial stages, investigation stages and even prosecution stages would lead to unnecessary embarrassment and will definitely hamper due process on investigation." 16. The validity of the said Government Order was questioned before this Court in W.P. No. 4907 of 2009 (P. Pugalenthi v. State of Tamil Nadu represented by the Secretary to Government, Personnel and Administrative Reforms (N) Department, Chennai and others) and the same has been upheld by order dated 30-3-2009. The contention of the learned Special Government Pleader is that in view of the above, the Chief Information Commissioner should not have directed the furnishing of information required by each of the first respondent in the appeals and consequently the learned Judge should not have dismissed the writ petitions filed by the department. In our opinion, the said contention is totally unacceptable. Even in the said judgment, the Division Bench has categorically held t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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