Court observes exclusion of State Vigilance & Anti-Corruption Bureau from RTI Act as contrary to law, pending further hearing.
In a significant development, the Himachal Pradesh High Court has stayed the implementation of a controversial notification that sought to exclude the State Vigilance & Anti-Corruption Bureau from the ambit of the Right to Information (RTI) Act, 2005. The division bench, comprising Justices Vivek Singh Thakur and Ranjan Sharma, passed the interim order after hearing a petition filed by Vinod Kumar challenging the legality of the notification.
The notification, issued on March 12, 2026, by the state government, attempted to exclude the State Vigilance & Anti-Corruption Bureau by invoking Section 24(4) of the RTI Act. This section allows for certain intelligence and security organizations to be exempt from the Act’s provisions. However, the High Court observed that the Bureau is not an intelligence or security organization but a department created by the state government for the investigation of corruption and economic offences.
The court noted that the Bureau investigates offences under various laws including the Indian Penal Code, the Prevention of Corruption Act, and other state-specific legislation. The judges expressed a prima facie view that the notification lacked legal authority and contradicted the provisions of the RTI Act.
Advocate Vishwa Bhushan, representing the petitioner, argued that the notification was issued without proper legal backing and restricted transparency and accountability in government functioning. The state was represented by Advocate General Anup Rattan and Deputy Advocate General Raj Negi, who contended that certain provisions of the RTI Act, particularly Section 8(h), provided exemptions related to ongoing investigations.
The court clarified that while Section 8 of the RTI Act provides exemptions from disclosure in certain cases, it does not empower the state to exclude an entire department from the Act’s scope. Such exclusions are governed by Section 24, which was improperly applied in this instance.
The High Court has directed the state government to file a detailed reply within three weeks and scheduled the next hearing for June 24, 2026. Until then, the operation of the notification has been stayed, allowing the State Vigilance & Anti-Corruption Bureau to remain within the RTI Act’s coverage.
This decision underscores the judiciary’s role in safeguarding the principles of transparency and accountability in governance, ensuring that statutory provisions are not misused to shield public institutions from public scrutiny.
Bottom Line:
Right to Information Act, 2005 - Notification excluding State Vigilance & Anti-Corruption Bureau from the ambit of RTI Act - Bureau is not an intelligence or security organisation but a State Government Department created for investigation of offences - Prima facie, the notification issued under Section 24(4) of the Act appears to be without any authority of law and contrary to the provisions of the RTI Act - Notification stayed.
Statutory provision(s): Right to Information Act, 2005 - Section 24(4), Section 8(h)
Vinod Kumar v. State of H.P., (Himachal Pradesh)(DB) : Law Finder Doc id # 2904977
