Info panel delivers first split verdict

Transparency watchdog Central Information Commission (CIC) has given its first split decision on whether an accused can seek information on the reasons for his or her prosecution sanctions. Chetan Chauhan reports.

Updated on: Jun 17, 2010, 01:14:21 IST

Hindustan Times | By Chetan Chauhan, New Delhi

Prefer HTon Google

Share via

Copy link

Transparency watchdog Central Information Commission (CIC) has given its first split decision on whether an accused can seek information on the reasons for his or her prosecution sanctions.

Two information commissioners, former bureaucrats AN Tiwari and Satyananda Mishra, said the information could not be provided under the Right to Information Act, whereas the third commissioner Shailesh Gandhi, an RTI activist before he joined the commission, said it could be provided.

RTI applicant Seetharamaih showed records of conversation between customs officials and the Central Bureau of Investigation for initiating proceedings against his son for alleged corruption practices.

The Directorate of Customs and Taxation denied the information on the ground that it was the property of the trial court, which can provide the information as per relevant criminal laws. Not satisfied, Seetharamaih appealed before the CIC.

The two commissioners upheld the decision of the directorate, saying that the RTI act was aimed at exposing corruption and not aiding it. They also said the information about the prosecution sanction could be given if large public interest was involved.

"In this particular case, only private interest is involved as the accused is the son of the RTI applicant," the CIC order said.

Gandhi had a different take. Not providing information would breach of the fundamental right of the citizen, he said.

He said the RTI law overrides the provisions on providing information in any other law and, therefore, the claim that the information can be provided under criminal laws was not tenable.

Gandhi was also of the view that providing information would not impede the investigation as in the present case it was over and trial has already started.

Moreover, prosecuting agency CBI has failed to give reasons on how disclosing information would impede the trial.

ABOUT THE AUTHOR
Chetan Chauhan
Chetan Chauhan is the National Affairs Editor looking into all aspects of news and features from across India. A Chevening scholar with over three decades of experience in reporting and news management, Chetan has extensively covered all important aspects of the social sector, political economy, environment and climate change nationally and internationally. He did a journalism course at the Reuters Institute of Journalism in Oxford and Digital Media training at Nanyang Technological University in Singapore. He started as a reporter with The Statesman in 1996 and joined the Hindustan Times in 2000 in the metro bureau covering environment, crime and Delhi politics. He covered hot local news, from the Jessica Lal murder case to the rebellion of Delhi Congress MLAs against then Chief Minister Sheila Dikshit, to the replacement of toxic vehicle fuel with cleaner compressed natural gas (CNG) in the national capital. Some of his stories on air pollution became part of the Supreme Court’s landmark MC Mehta versus Government of India case in the National Capital Region (NCR), forcing the government to take corrective measures. As part of the national political bureau since 2004, he covered important central sectors such as environment, education, social justice, labour, rural development, water resources, renewable energy, agriculture, broadcasting and the Planning Commission for more than a decade producing several exclusive and investigative breaking stories. His specialisation is the environment, having covered at least a dozen United Nations global conferences on climate change, biodiversity and wildlife including climate summits in Paris, Copenhagen and Bali. He also covered India’s two five-year plans ---11th and 12th and reported on drafting and execution of right based laws such as Right to Education, Right to Information and rural job guarantee law, MG-NREGA, now being introduced in new format as VG-RAM-G Act. He has in-depth knowledge of social sector issues. He was one of the first to report on tigers vanishing from Sariska and Panna wildlife reserves in 2004 and 2008, respectively, leading to the setting up of the National Tiger Conservation Authority (NTCA) and the introduction of stringent penal provisions for poaching. He has written extensively on the rising human-animal conflict in India and the degradation of India’s biodiversity hotspots because of mining and other activities. Since 2004, Chetan has covered Parliament comprehensively and participated in training on the nuanced coverage of Parliament proceedings. He has travelled extensively across India to cover national and provincial elections since 1998, especially in the Hindi heartland states, considered India’s road to power. He writes a regular column for Hindustan Times, Ecostani, on important national politics, economy, Himalayan ecology and environmental issues. His other responsibilities include providing inputs for edits and edit page articles for the publication, apart from managing news flow from across India.Read More

Catch every big hit, every wicket with Crickit, a one stop destination for Live Scores, Match Stats, Infographics & much more. Explore now!

Stay updated with all top Cities including, Bengaluru, Delhi, Mumbai and more across India. Stay informed on the latest happenings in World News along with Delhi Election 2025 and Delhi Election Result 2025 Live, New Delhi Election Result Live, Kalkaji Election Result Live at Hindustan Times.