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August 2015

Part C Information on & Around

By Narayan Varma Chartered Accountant
Reading Time 3 mins
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Sushma Swaraj: Documents procured under the RTI Act revealed that the Shivraj Singh Chouhan government in Madhya Pradesh appointed foreign minister Sushma Swaraj’s husband and daughter as government lawyers.

“The government should make a clear policy for appointment of counsels. It clearly reflects that the VIPs and their kin are being benefited,” alleged Ajay Dubey of Transparency International, which procured the documents.

Chargesheet in Mahatma’s killing: The Central Information Commission (CIC) has directed the home ministry to make public the FIR and chargesheet filed by Delhi police on the assassination of Mahatma Gandhi on 30th January, 1948.

The order came after Odisha-based Hemanta Panda sought the information under the RTI Act. Panda wanted a copy of the FIR and chargesheet among other pieces of information including whether any autopsy was done as per law. The ministry had forwarded the application to the National Archives of India, director of Gandhi Smriti, where Gandhi spent his last days and was assassinated. Gandhi Smriti and Darshan Samiti told him that “no post mortem examination was performed as per the wishes of the family”. Panda was also informed by Gandhi Smriti and Darshan Samiti that they did not have any information related to the FIR and the subsequent charge-sheet filed in relation to the assassination.

Lalit Modi Passport: The external affairs ministry has refused to answer an RTI application containing seven questions about scandaltainted former IPL boss Lalit Modi’s passport.

The first three questions included why External Affairs Minister Sushma Swaraj did not advise Modi to apply for a temporary travel document to the Indian High Commission in London; why the minister did not insist on Modi’s return to India as a condition; and who decided not to file an appeal in the Supreme Court against Delhi High Court’s ruling setting aside cancellation of Modi’s passport and whether the Enforcement Directorate (ED) at whose instance the passport was cancelled, was consulted. Questions four to seven included a query on whether the government has lodged any objections to UK for granting residency permit to Modi; what steps the government has taken since the issuance of fresh passport to him to enforce the ED summons; and the government’s response to Modi’s “wild charge that his life will be in danger if he returned to India.”

The RTI query, filed by one Rayo from Haryana, was received by the ministry on 19th June when the opposition was piling up pressure on Swaraj on the Lalitgate row. In its 26th June reply, the MEA said questions one to three do “not seem to fall under the purview” of the RTI Act. About queries four to seven, the ministry said that “no information is available with EAM’s office.”

The External Affairs Ministry (EAM), however, said the application has been “transferred” to its consular, passport and visa division as well as to the finance and home ministries.

The EAM’s action drew stinging criticism from the opposition, with the Congress calling it against the “spirit” of RTI Act and the CPI (M) alleging the transparency law has been “sabotaged” by the Modi government. “This is against the spirit of the RTI ACT,” said senior Congress leader P. C. Chacko.

“In fact, any private information need not be disclosed but there is a case which is affecting even the security of the country also and person is fugitive, who is an absconder, against whom there is an inquiry going on…and when information is sought on that, it simply cannot be treated as a private matter,” Chacko added.

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