Efforts of Mr. R. K. Jain, Advocate:- Sonia Gandhi faces complaint for penalty proceedings for blocking RTI enforcement
1. Full Bench of Central Information Commission vide its order dated 3-6-2013, held six political parties, Congress, BJP, BSP, NCP, CPM and CIP, as public authority under RTI Act and directed their Presidents/General Secretaries to designate CPIOs and First Appellate Authorities for their parties within 6 weeks and to provide information to the Complainants within 4 weeks. CIC also directed them to make voluntary disclosure of information under Section 4(1) (b) of the RTI Act.
1. Full Bench of Central Information Commission vide its order dated 3-6-2013, held six political parties, Congress, BJP, BSP, NCP, CPM and CIP, as public authority under RTI Act and directed their Presidents/General Secretaries to designate CPIOs and First Appellate Authorities for their parties within 6 weeks and to provide information to the Complainants within 4 weeks. CIC also directed them to make voluntary disclosure of information under Section 4(1) (b) of the RTI Act.
2. None of the Political Parties challenged the said order nor they implemented it showing that they are above law. The CIC on its part also dragged its feet when a complaint for non-compliance of its order was filed in August, 2013. The complaint was neither registered nor taken up for action/hearing, till Media recently highlighted the indifferent attitude of the political parties and the CIC in matter of larger public interest for bringing transparency and accountability in the working of the political parties and to contain corrupt practices in our political system and administration by bringing transparency and accountability at the door step of our major Political Parties.
3. Surprisingly, the records of the said case are stated to have been missing from the CIC as also reported in Times of India dated 14-2-2014.
4. Last week, Mr. R. K. Jain, Advocate had filed RTI applications with all these 6 political parties seeking details of their membership, domestic and international contributions received by them, election/nomination to their executive committees and compliance to the RTI Act and aforesaid decision of CIC.
5. The Congress party (INC/AICC) has refused to accept the RTI application as they are stated to have not so far appointed any CPIO. On such refusal, Mr. R. K. Jain, Advocate had filed a Complaint to the CIC for initiation of penalty proceedings u/s 18, 19 (8) and 20 of the RTI Act against Mrs. Sonia Gandhi, President of INC/AICC for non-appointment of CPIO despite specific directions of CIC. Copy of the said complaint is attached.
6. Mr. R K Jain has prayed for:-
a. An inquiry in to the above matter may be instituted under Section 18 (2) of the RTI Act, 2005.
b. Summoning of the original Records relating to the information sought.
c. The penalty to be imposed on Smt. Sonia Gandhi, President of INC/AICC and the CPIO of INC/AICC under Section 20(1) of the RTI Act for knowingly, malafidely and persistently not appointing the CPIO and the First Appellate Authority under RTI Act despite the specific directions given in Full Bench decision dated 3.6.2013 of the CIC and provisions of RTI Act, thereby causing obstruction to the information without any reasonable cause.
d. The penalty be imposed on the respondents under Section 20(1) of the RTI Act for deliberately and malafidely refusing to accept the RTI application in question of the complainant and thereby causing obstruction to information without any reasonable cause.
e. Penal actions provided u/s 2 0 of the RTI Act may also be taken against the respondents as they have knowingly, malafidely and persistently obstructed the information, without any reasonable cause and have withhold the information with malafide intent and purpose.
Copy of the complaint:-
Copy of the complaint:-
