Complaint to Governor Led to Withdrawal of Notification; Supreme Court Verdict Strengthens Vijay Kumbhar’s Stand
Pune | July 8 | Rayat Samachar
(ACB RTI) Following the Supreme Court’s significant judgment on June 15, 2026, holding that anti-corruption investigation agencies cannot be kept outside the ambit of the Right to Information (RTI) Act, attention has once again turned to a similar controversial decision taken by the Maharashtra Government in 2014.
RTI activist Vijay Kumbhar stated that in 2014, the Maharashtra Government attempted to exempt the Anti-Corruption Bureau (ACB) from the RTI Act through a government notification. However, after he filed a complaint with the Governor, the notification was withdrawn.
(ACB RTI) Kumbhar explained that in his representation to the Governor, he had clearly argued that the ACB is neither an intelligence agency nor a security organisation. Therefore, under Section 24 of the RTI Act, it could not be excluded from the Act merely through a government notification.
He further contended that such a move would weaken citizens’ right to information and free anti-corruption agencies from public accountability. Taking cognisance of the complaint, the then Governor sought legal opinion and directed the withdrawal of the notification.
A Raj Bhavan press release dated October 30, 2014, also clarified that after considering representations from RTI activists and media reports, it was found that the notification exempting the ACB from the RTI Act was contrary to law. Accordingly, orders were issued to withdraw it.
(ACB RTI) The Supreme Court has now reaffirmed the same legal principle in the landmark case Special Police Establishment v. Kamta Prasad Mishra & Others. The Court held that anti-corruption investigation agencies are not intelligence or security organisations, and therefore cannot be excluded from the RTI Act solely through a government notification.
According to Vijay Kumbhar, this judgment is not limited to Madhya Pradesh but is equally significant for Maharashtra and all other states where similar attempts have been made to restrict the RTI Act through executive notifications.
