Chennai: After strong backlash from Opposition, defenders of transparency, and even some TVK allies, the C. Joseph Vijay-led Tamil Nadu government Sunday withdrew the order to exempt the Public (Law and Order) Department from the purview of Right to Information Act, 2005. The order had declared the department an intelligence and security organisation.
A gazette notification by the Human Resources Management Department on 21 September had stated that under sub-section (4) of Section 24 of RTI Act, the Governor had specified the Public (Law and Order) Department as an intelligence and security organisation established by the state government. As a result, the provisions of the RTI Act would not have applied to it.
But the notification triggered serious concerns that it would lead to lesser transparency on issues, like custodial deaths, police action during protests, and other sensitive law-and-order matters.
The Law and Order wing of the department handles a wide range of sensitive subjects, including communal and caste clashes, appointment of and follow-up on Commissions of Inquiry related to law and order, matters under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and the National Security Act.
The information pertaining to monthly and special law-and-order review meetings, enquiry reports into police firing and deaths in police custody or of remand prisoners, NHRC references, monthly reports to Government of India on law-and-order and communal incidents, replies to Parliament questions, and issues arising from agitations by students, agricultural labourers and political parties would also have been restricted, had the notification not been withdrawn.
The department also deals with requests for withdrawal of cases registered on political or communal grounds, and sanctions for prosecution in cases of defamatory articles, news items or speeches.
Sharp criticism
DMK MP Kanimozhi earlier attacked TVK, saying that it claims to be transparent, but within four months of being in power, the government is asking people to not question it.
“With more than 500 murders having taken place, the government which is incapable of fixing law and order, now to hide its failure, is shamefully trying to restrict the RTI right so that people cannot even seek information about law and order. Is this the change?” she wrote on X.
The now-withdrawn order had earlier triggered criticism from even TVK allies, Congress and VCK. Congress leader Karti Chidambaram remarked that RTI must be expanded, not restricted. He said that the Law and Order Department handles crucial matters, and the order would lead to information being shielded from the public.
VCK leader Thirumavalavan said that the announcement was highly shocking. “It will pave the way for suppressing human rights. Therefore, we strongly urge the government to immediately withdraw it,” he said.
CPI (M) MP Su. Venkatesan also said the RTI Act already provides exemptions only for certain public-sector law-and-order matters, and that the blanket exemption of the entire department was unacceptable.
“Government officials are ordering surveillance of leftist organisations. Custodial deaths are occurring. The education department has been ordered to suppress student protests. The police are entering college campuses and arresting students. Struggles for legitimate rights are being suppressed through violence. In this context, exempting law and order matters from the Right to Information Act is deserving of severe condemnation. This is an overt attempt to turn Tamil Nadu into a ‘police state’. The government must immediately withdraw this order,” Venkatesan said.
PMK leader Anbumani Ramadoss also questioned who approved the order, saying that the government is trying to hide its failure in maintaining law and order in the state through the order.
“The sole objective of this government order is to conceal the government’s failures in maintaining law and order. Such an approach is wrong. These data are essential tools for assessing how effectively law and order is being maintained in a state. Instead of prohibiting the disclosure of such information, the government should use this data to improve law and order,” he wrote on X.
Anti-corruption NGO Arappor Iyakkam, which had flagged several tender discrepancies under the DMK government, also criticised the move. A statement from the organisation said that it is absurd to classify all information pertaining to the Law and Order section of the Public Department as being related to intelligence.
“The Tamil Nadu government must immediately withdraw this order. It is condemnable to claim that transparency is being brought in while acting in exactly the opposite manner,” the statement said.
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