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.
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.
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.
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.
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