The Madras High Court on Tuesday directed the Tamil Nadu Government to clarify whether the exemption granted under the provision of Right To Information Act (RTI) and a government order could be made applicable to cases in which information relating to corruption charges were made.
Justice V Dhanapalan gave the direction while disposing of a petition of one Vishwanath Swami, seeking a direction to the Commissioner of Police and Superintendent of Police, CBCID to supply information sought by him and to take departmental acton against officials who failed to furnish the information.
The judge said the government has to clarify the position of exemption available under Section 24 (4) of RTI Act, as the notification has not made anything clear about the exemption granted.
Since the issue in question related to corruption charges, the applicability of the Act precludes certain documents to be revealed can be considered only when the Government Order (G.O) was clarified. Therefore, the public department has to clarify the G.O dated October 14, 2005, the judge added.
The judge said the petitioner, police officials and the Secretary to Tamil Nadu Information Commission can approach the government, which has to come out with the clarification to make it clear as to whether the applicability of the act can be considered in case of allegations of corruption.
Therefore, it was left open to the parties to clarify the position from the government, the judge added.
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