Thursday, August 04, 2011

Why ATS should be out of RTI purview?: petn by blast accused.

IBNLive.com; Thursday, August 4, 2011.
Mumbai, Aug 3 (PTI) Bombay High Court today sought replies from the state and the Union to a petition filed by an accused of the 2008 Malegaon blast case, challenging the exemption to Anti-Terrorism Squad from the Right to Information Act's operation. Retired army major Ramesh Upadhyay, an accused in 2008 case, has moved the Court after being denied information sought under the RTI Act. In a letter to the Court, which was converted into petition, Upadhyay has challenged the constitutional validity of section 24 (4) of the Act which exempts agencies such as ATS, CBI and NIA. Division bench of Justices B H Marlapalle and U D Salvi today issued notices to Additional Solicitor General and state Advocate General, seeking replies within four weeks. In May 2009, Upadhyay had made an application under the RTI Act to the state home department, with 15 queries related to ATS. It was forwarded to the DGP's office, which replied in June 2009 that it did not have the information. Upadhyay then appealed before the appellate authority which rejected the plea, citing exemption to ATS under section 24 (4). Maharashtra ATS had initially probed the 2008 Malegaon case.