Scrap the vigilance notification sign now

Through

1- Sri B. L. Joshi ,
The Governor of Uttar Pradesh
Uttar Pradesh Government , Lucknow
India , Pin Code 226001

2- Km. Mayawati
The Chief Minister of Uttar Pradesh
Uttar Pradesh Government , Lucknow
India , Pin Code - 226001

3- Sri Ranjit Singh Pankaj
The Chief Information Commissioner
Uttar Pradesh State Information Commission
6th Floor , Indira Bhawan , Lucknow , Uttar Pradesh , India , Pin Code - 226001


Sub. : Memorandum demanding scrapping of Notification no. 2339/39-4-2010-21/05, dated 22 September 2010 of Uttar Pradesh government

Sir/Madam ,

We wish to bring this to your notice that the issuance of Notification no. 2339/39-4-2010-21/05, dated 22 September 2010 by the State Government of Uttar Pradesh government while invoking the provisions of section 24 ( 4 ) of the RTI act is illegal & unconstitutional . By doing so , the state Government has excluded the Vigilance Department and the Uttar Pradesh Vigilance Establishment from the ambit of the Right to Information Act 2005 ;


The reasons as stated for the need of the said notification are too childish to rely on the intentions of the Government when it comes to establishing the RTI regime in the state ;


The Notification states that since Vigilance Department of Uttar Pradesh Government which inter alia functions to collect intelligence, investigate criminal offences and file charge sheet against the accused in the appropriate court, requiring top secrecy and precautions hence in the matter of such cases giving any information under the Right to information Act, 2005 at the initial stage, investigation stages and even at prosecution stages would adversely affect the process of investigation and prosecution of offenders ;


Such provisions already existed in The RTI Act 2005 . Section 8 ( 1 ) ( h ) of the act empowers any CPIO / PIO to deny any citizen the information which would impede the process of any investigation or apprehension or prosecution of any of the offenders ;


As the very same provisions already existed , There was no need to make duplicity of provisions as it strengthens the belief of malafide intent of the Government in the minds of the people ;


In issuing the notification , the Government has invoked section 24 ( 4 ) of the RTI Act 2005 . As per this section , Nothing contained in this Act shall apply to such intelligence and security organization being organizations established by the State Government, as that Government may, from time to time, by notification in the Official Gazette, specify ;
Section 24(4) can apply to intelligence and security organization only . Vigilance department primarily deals with issues of corruptions & does not completely qualify for consideration under section 24(4) and thus the state Governments move is ab initio void and needs to be scrapped.


Notification for 3-tier UP Panchayat elections was issued on 16th September 2010 . With issuance of this notification, the modal Code of Conduct was enforced in the state with immediate effect . Under such circumstances issuance of Notification no. 2339/39-4-2010-21/05 on 22 September 2010 by Uttar Pradesh government goes against model code of conduct and is untenable in the eye of law so needs to be scrapped .


True , If some organization operates in spheres such as intelligence and security, in those areas, the exemption can be valid. But when the very same organization deals with corruption cases of public servants then exemption under the RTI cannot be taken advantage of under section 24 (4) of RTI Act ;


The Paramount ideal of the RTI Act is transparency of operations of public authority and there is difference in the terminology relating to intelligence and security organizations. As the vigilance primarily deals with corruption and is marginally involved in intelligence and security activities . The PIO is at liberty to deny the portion of information 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. So there is no need for this notification.


The Said Notification adversely affects the fundamental rights envisaged under Article 19(1)(a) of the Constitution of India for freedom of speech and expression.


Hence We strongly condemn this illegal , unconstitutional & derogative move of the Uttar Pradesh government to dilute RTI act in Uttar pradesh and raise our demand to take immediate necessary steps to scrap the notification no. 2339/39-4-2010-21/05, dated 22 September 2010 .

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Kelli BooneBy:
Justice, rights and public orderIn:
Petition target:
The Government of Uttar Pradesh

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