Chennai, Sept 27:
In yet another flip-flop by the TVK government headed by Chief Minister Vijay was forced to eat a humble pie, revoking the government order exempting Law and Order from the Right to Information (RTI) Act, 2005, following backlash not only from the Opposition but also from his constituents who are part of the Cabinet.
The order notified in the government gazette was revoked today afternoon, within hours after it came into public domain, following widespread criticisms with leaders of various political parties slamming the government.
The Tamil Nadu government has issued an order exempting the Public (Law and Order) Department from the purview of the Right to Information (RTI) Act, 2005, by notifying it as an intelligence and security organisation under Section 24(4) of the Act. The Government Order, issued by the Human Resources Management Department on September 21 and subsequently published in the Tamil Nadu Government Gazette, places restrictions on access to a range of information handled by the Law and Order wing.
The exemption covers information relating to law and order reviews, special meetings convened on the directions of the Chief Secretary, appointments connected with commissions of inquiry into law and order matters, communal and caste clashes, police arrests, police custody, deaths in custody and police inquiry reports. Information relating to questions on law and order raised in Parliament, protests by students, farmers and political parties, as well as material concerning defamatory articles, news reports and speeches, will also come under the restrictions.
The government has cited the nature of the department’s functioning and classified it as an intelligence and security organisation for the purpose of the exemption.
The move has drawn criticism from several political leaders. TVK’s ally and VCK leader Thol. Thirumavalavan, also a Lok Sabha MP, CPI MP Su.Venkatesan, DMK Parliamentary Party Leader Ms.Kanimozhi PMK President and Rajya Sabha MP Anbumani Ramadoss, and leaders of various parties opposed the decision, saying it raised concerns over transparency and public access to information relating to law and order.
As the criticisms mounted, the government made a hasty retreat and withdrew the notification.
Under Section 24(4) of the RTI Act, State Governments can, through a notification in the Official Gazette, specify intelligence and security organisations to which the Act will not apply. However, the exemption is not absolute: the Act specifically provides that information relating to allegations of corruption and human rights violations cannot be excluded.