Raipur: The Anti Corruption Bureau (ACB), in the state which is responsible for investigating corruption cases, will no longer fall under the jurisdiction of the Right to Information (RTI) Act. Recently the state government released a notification on November 10th that explicitly excludes the ACB from the purview of RTI regulations. This decision marks a step in enhancing transparency and accountability.
The choice to keep ACB from the scope of the RTI Act was influenced by a high court case concerning the disclosure of First Information Reports (FIRs) and investigation-related information requested through RTI by citizens. The matter reached the High Court after an RTI activist named Rajkumar Mishra filed a public interest litigation challenging ACB’s exemption from RTI provisions. In October 2023, during a double bench hearing, the High Court recognized flaws in the government’s notification. Emphasized that rectifying deficiencies in their August 2013 notification was necessary.
The issuance of this notification is a response to the High Court’s directive to address shortcomings in their 2013 notification that initially exempted ACB from being subject to the RTI Act. The court highlighted the importance of the state government making the required changes to the notification that was issued in 2013.
This progress demonstrates the endeavor to strike a balance between empowering agencies and ensuring the public’s access to information. The state government’s notification is a response to the evolving legal landscape surrounding ACB’s accountability, as mandated by the Act, and underscores the importance of ensuring transparency and adherence to legal norms in the functioning of anti-corruption agencies.
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