Even as Tamil Nadu is witnessing a series of custodial deaths, Chief Minister Vijay-led Tamilaga Vettri Kazhagam (TVK) government has issued an extraordinary order seeking to exempt the Public (Law and Order) Department from the ambit of the Right to Information (RTI) Act, 2005. The Department deals with, among other matters, police custodial deaths, custodial torture, and the deaths of remand prisoners.
The order, dated September 29, directs the Human Resources Department to exempt the Public (Law and Order) Department under Section 24(4) of the RTI Act, which permits state governments to exempt intelligence and security organisations from the Act through a notification. The provision, however, specifically states that information relating to allegations of corruption and human rights violations cannot be excluded from the exemption.
Vijay had previously joined protests against custodial deaths during the tenure of former chief minister MK Stalin.
According to the government's description of Public (Law and Order) Department's functions, it handles communal and caste clashes; the appointment of Commissions of Inquiry into law-and-order matters and follow-up action on their recommendations; COFEPOSA and National Security Act detentions; and monthly and special law-and-order review meetings.
Crucially, its functions also include examining inquiry reports into police firing and reports on deaths in police custody, police torture, and the deaths of remand prisoners. It deals with references from the National Human Rights Commission relating to matters handled by the Law and Order wing, besides furnishing monthly reports on law-and-order and communal incidents to the Union government.
The Department also handles replies to questions raised in the Lok Sabha and Rajya Sabha on law-and-order matters, agitations by students, agricultural labourers and political parties, requests for the withdrawal of cases arising from political, communal and caste clashes, and matters relating to sanction for prosecution over defamatory articles, news reports and speeches.
Condemning the government’s decision, CPI(M) leader Su Venkatesan described it as an “overt attempt to turn Tamil Nadu into a police state.”
“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,” the Su Venkatesan said. He demanded the government immediately revoke the order.
Arappor Iyakkam, an anti-corruption organisation, questioned the claims of the TVK government that had promised transparency in governance. “It is shocking that the Tamil Nadu government has exempted the Law and Order wing under the Public Department from the Right to Information Act. It is absurd to classify all information handled by the Law and Order wing of the Public Department as being related to intelligence. The Tamil Nadu government should immediately withdraw this order. Claiming that it is bringing transparency while acting in exactly the opposite manner is condemnable,” the organisation said in a statement.