Vigilance probe report against Kerala ADGP Ajith Kumar not for public as it invades privacy: Govt

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The probe report of Kerala's Vigilance and Anti-Corruption Bureau on complaints related to misappropriation of wealth against ADGP M R Ajith Kumar cannot be made public since it is an invasion of privacy, the state government has said in response to an RTI application. The Vigilance Department ordered a probe in September 2024 based on the recommendation of the State Police Chief, who reported that the allegations raised by former MLA P V Anvar prima facie disclosed a vigilance angle and recommended a detailed probe by the VACB.
In April 2025, the Special Investigation Unit-1 (SIU), VACB, Thiruvananthapuram submitted a report citing that there was no evidence to prove the allegations against Ajith Kumar, who is among the six senior IPS officers being considered to replace outgoing DGP Shaik Darvesh Saheb.
Onmanorama sought a copy of the probe report on the following allegations: i) Allegation of cutting/ removing and misappropriation of valuable trees from the Camp of DPC, Malappuram, ii) Allegation of accepting a bribe in connection with the case registered against Sajan Scaria by Ajith Kumar, iii) Allegations of misappropriation of seized gold by Ajith Kumar and Sujith Das S, former DPC, Malappuram and the members of the DANSAF Team, Malappuram, iv) Allegation of construction of a palatial house at a cost of crores of rupees by Ajith Kumar, v) Allegation of misappropriation of wealth by Ajith Kumar, Sujith Das and the DANSAF team, Malappuram.

The Vigilance Department furnished a reply saying that the report received from the Director, VACB, was forwarded to the Home Department and the General Administration Department. The State Public Information Officer (SPIO) of the Vigilance Department transferred the application to the SPIOs of respective departments to furnish the report. While a reply is being awaited from the Home Department, the SPIO Abhilash D S of the General Administration Department (GAD) communicated that the information being sought relates to the personal information, which has no relationship to any public activity and that disclosure of such information would cause unwarranted invasion of the privacy of that individual.
The report has been denied, citing the section of the RTI Act which deals with the exemption from disclosure of information. While the section mentions that if the PIO is satisfied that larger public interest justifies disclosure of such information, the GAD PIO has excluded this condition in the reply.
Former DGP and State Chief Information Commissioner Vinson Paul, who had also served as the VACB director, said the provision of privacy is not applicable in this case. "If it was a matter related to privacy, then only a departmental probe would have been conducted. In this case, it was a vigilance probe against a public servant. Exemption from disclosure to information cannot be invoked here," said Paul, who also flagged the danger in the recently enacted Digital Personal Data Protection Act 2023, which has modified the exemption clause related to personal data. While the present section allows an officer to furnish information based on public interest, the amendment says personal data need not be shared. Vinson Paul said there was a need to define and categorise personal information.
Jacob Thomas, former VACB director, said that a copy of the report or information is usually denied when the probe is still on. "In my case, details regarding movable and immovable assets were made public through RTI. Personal interests may have been involved then," he said. Jacob Thomas had faced allegations of amassing disproportionate assets. According to Thomas, any vigilance probe into amassing of disproportionate income would also involve family members, and in that case, it becomes personal information. However, the reply by the GAD doesn't mention the privacy of any family member of Ajith Kumar.

Earlier, Kerala Chief Minister Pinarayi Vijayan had placed probe reports by a high level team headed by the state police chief in the Assembly which investigated the allegations raised by P V Anvar. The Special Vigilance court, Thiruvananthapuram, had earlier pulled up the VACB for failing to furnish the probe report following which it was submitted on Monday.
P V Anvar slammed the way in which the government withheld the report. "I sent a letter to the DGP seeking the report and I am yet to receive a response. I plan to approach the High Court to obtain a copy," said Anvar.