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Maharashtra: ACB can't escape RTI Act; governor Vidyasagar Rao orders withdrawal of notification

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Maharasthra governor Vidyasagar Rao has ordered withdrawal of the notification keeping anti-corruption bureau (ACB) out of RTI ambit. This was the outgoing government partying shot, after an urging from the bureau itself.

What were the reason for withdrawal?
The reasons for withdrawing were "representation from RTI activists", "cognisance of newspaper reports" and having it "legally examined". dna had first reported it on October 21. The notification, released in September, came into public knowledge only a few days back. It created an uproar as several high-profile ministers and personalities are being probed by the agency. The ACB's contention was that it has to be discreet and information on ongoing investigation can cause problems – issues on which the act itself gives it adequate cover.

What did the guv's office say?
A press release form the governor's office stated that he has "directed the state government to withdraw the notification that had exempted the ACB from the provisions of the RTI Act. The governor took the decision to withdraw the notification issued by the state government on 6th September, 2014 after considering representations from various RTI activists and taking cognizance of newspaper reports which reflected the view that the notification was in violation of the RTI Act. The governor also got the issue legally examined before taking the decision to withdraw the notification."

What about the circular on personal info?
However, there is no word on the circular that states that personal information should not be given unless "public interest" is proved. "There is no word on the other circular as of now from the governor," said Umesh Kashikar, public relations officer to the governor. "They should now withdraw the "public interest" circular and all previous circulars that were affecting the spirit of the act," said Jeetendra Ghadge, a RTI activist.

What are the activists saying?
The move has been welcomed by activists. "It is a welcome move. The legal opinion that they took now for withdrawing it should have been taken earlier before issuing the notification," said Vijay Kumbhar who was denied information. "It must be withdrawn because it hits at the root of the RTI Act and its preamble. The act is about containing corruption and this was creating an impediment," said S K Nangia, a RTI activist.
"It is a good sign from the incoming government. Now, the central government should also consider the same for the CBI. On RTI, opinion of public stands stronger than a single person," said Bhaskar Prabhu, another RTI activist.

ACB's reaction
Pravin Dixit, director general of the ACB said, "We were always under the RTI and will continue to be under it even now. Letter requesting exclusion was written to the government because there was a misuse of the RTI."

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