HC stays notification excluding Anti-Corruption Bureau from RTI Act
Shimla, May 22
Himachal Pradesh High Court has stayed the Himachal Pradesh Government’s notification excluding the State Vigilance and Anti-Corruption Bureau (SV&ACB) from the ambit of the Right to Information (RTI) Act, observing prima facie that the decision appeared to be “without authority of law” and contrary to the scheme of the RTI Act, 2005.
A division bench comprising Justice Vivek Singh Thakur and Justice Ranjan Sharma passed the interim order on May 20 while hearing a Civil Writ Petition filed by Vinod Kumar challenging the March 12, 2026 notification issued under Section 24(4) of the RTI Act.
The bench issued notices to the State government and other respondents and directed them to file replies within three weeks. The matter has been listed for further hearing on June 24.
The controversy stems from a Vigilance Bureau FIR registered in 2024 relating to alleged corruption and submission of forged documents. According to the petitioner, while 15 persons were named in the complaint, the Vigilance Bureau allegedly proceeded only against three accused. The complainant later approached the High Court, which directed registration of an FIR against all accused persons.
Subsequently, the petitioner sought information regarding the status of the investigation under the RTI Act. However, the Vigilance Bureau declined disclosure citing the state government’s March 12 notification exempting the bureau from the RTI framework.
Counsel for the petitioner argued that the exemption violated the spirit of the RTI Act, particularly since Section 24 itself provides that information relating to allegations of corruption and human rights violations cannot be completely barred from disclosure.
During the hearing, the Advocate General defended the notification contending that disclosure of sensitive information could hamper investigations.
However, the High Court observed prima facie that the State Vigilance and Anti-Corruption Bureau was “not an intelligence and security organisation” but “a State Government Department created for investigation of offences related to corruption and economic offences.”
The bench further noted that Section 8(h) of the RTI Act “only provides exemption from disclosure of information which could impede investigation” and does not empower the State Government “to completely exclude a department from the scope of the RTI Act.”
Accordingly, the court stayed operation of the impugned notification till the next date of hearing.
The order assumes significance as State Vigilance and Anti-Corruption Bureaus function directly under state governments and investigate politically sensitive corruption and economic offence cases. The High Court’s observations indicate that such agencies cannot be granted blanket immunity from transparency obligations under RTI merely on the ground of conducting investigations, especially when the Act itself already contains safeguards against disclosure that may prejudice probes.
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