Activists up in arms about ACB being out of RTI ambit in Maharashtra

DNA: Mumbai: Tuesday, October 21, 2014.

Outgoing government's clandestine parting shot slammed.

Days before the outgoing government gave a nod to the anti-corruption bureau (ACB) for probing Ajit Pawar and Sunil Tatkare in an irrigation scam, it clandestinely ensured that ACB's working is out of the public eye. As a parting shot, the outgoing state government kept the ACB out of the RTI's ambit. A notification to the effect was issued on September 6 and is not present on the circulars posted on the government website. While it needs to be passed in the state legislature, its implementation can be affected the day it is has been issued.

How did the incident come to light?

When Pune-based RTI activist, Vijay Kumbhar was following up cases with ACB under RTI and was denied information based on that notification. The notice was issued under sub-section 4 of section 24 of the RTI Act.

What is the govt exempt from?

It allows the government to have its own exemptions on security and intelligence agencies. Once in, they are exempt from giving information unless there are instances of corruption or human rights violations.

What other cases have surfaced?

Besides the two ministers, the ACB also has cases against various others like former minister Harshwardhan Patil. Recently through RTI, it had come to fore that the state was sitting on several proposals from ACB to prosecute high ranking officials in the state.

Vijay Kumbhar, the activist who got hold of it, stated, “In my complaints of ACB, I was asking for information under RTI and that is when I got to know about it. The general administration department which has issued the notification has not even put this up on the website. Why have they done it before leaving?”

What other information cannot be shared?

While this notification will shield politicians, another one states that information on an officer's track record cannot be parted with, as it would be an invasion of privacy. “Both seemed to have saved each other,” said Kumbhar.

Citizens' initiative being 'backstabbed'?

Bhaskar Prabhu, of the Mahiti Adhikar Manch that works for awareness of RTI Act in the state, claimed that this was a 'backstabbing' of citizens' initiative, “It is safeguarding very strong political leaders who are already implicated in corruption matters. We will protest so that the notification is withdrawn. In every other states, the ACB is under the ambit of the RTI,” he stated.