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The RTI Kerala Federation has approached the Kerala High Court, challenging the state government's decision to exempt two sections of the Directorate of Vigilance and Anti-Corruption Bureau (VACB) from the purview of the Right to Information (RTI) Act, 2005.

The petition was filed through Supreme Court advocate Jose Abraham, questioning the government's move to exclude the T1 and T2 sections, which handle confidential records and information related to sensitive vigilance investigations.

The exemption was notified through an extraordinary edition of the Kerala Gazette on October 22, while the Assembly was in session.

The T1 section maintains annual confidential reports (ACRs) of ministerial, executive and legal staff, along with sensitive personal files and top-secret documents. It also handles confidential verifications and high-level vigilance investigations.

The T2 section processes weekly diaries of vigilance officers, collects and analyses intelligence inputs, including source reports, handles public complaints received through dedicated confidential telephone hotlines, and coordinates surprise inspections.

The federation has argued that exempting the two sections could undermine transparency and the public's right to access information, particularly records relating to corruption investigations involving senior officials.

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The move has also revived concerns over an earlier decision to exempt the Vigilance department's T branch from the RTI Act, through an order issued on February 7, 2006. The government had withdrawn that order in 2022 following legal proceedings before the High Court, bringing the branch back within the Act's purview.

The petition points out that Section 24(4) of the RTI Act provides safeguards concerning information related to allegations of corruption and human rights violations, even in the case of specified intelligence and security organisations.

The federation has called for a balance between protecting the confidentiality of vigilance investigations and safeguarding the public's statutory right to information.