Hum Janenge: Re: [IAC#RG] IAC brings CBI back under RTI (for now)

Thursday, March 7, 2013

Re: [IAC#RG] IAC brings CBI back under RTI (for now)

Not bad at all.

Glad you sent the second edit too.

Though I am not certain how this is relevant here. ^_^

Vidyut

On Thu, Mar 7, 2013 at 7:49 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:

Dear Friends

IAC has been carrying out a long struggle to keep the CBI under the RTI despite massive rigging by the Govt. Today we have won yet another small but significant battle in this war through our coordinated efforts.

The brief facts are these :-

1) Many high profile corruption cases and files are held by the CBI which would otherwise be disclosable under RTI. The CBI has also been functioning in a highly arbitrary and political manner when it comes to prosecutions.

2) IAC's General Secy Mr. C.J.Karira filed an RTI merely asking for list of persons awaiting sanction for prosecution in matters CBI was investigating.

3) "Somebody" immediately got the Attorney General Mr. Ghulam Vahanvati to issue a completely one-sided opinion, without any cause of action, over-ruling whatever was previously written in the DoPT's files (by several Dept's of Govt) that the CBI was NOT a "security" organisation. Within 14 days it was "arranged" that a notification was issued declaring CBI to be exempted a security organisation exempt from RTI on basis of Mr. Vahanavati's opinion.

4) IAC's Mr. Karira on 30.10.2012 then got the CIC (Central Information Commission ) Mr Satyanand Mishra to declare that notwithstanding the RTI exemption, the CBI would still have to disclose all information pertaining to allegations of corruption and human rights violation as required by the proviso to the exemption.

5) In first week of December 2102 the minority UPA Govt faced a critical test of its majority over the FDI issue in the Lok Sabha and Rajya Sabha. 2 critical allies supporting from outside - the SP and the BSP are under the CBI scanner and on the leash of the Govt. To further tighten the screws on them, it was arranged that Sonia's Gandhi's pet poodle (I won't name her again) had kept some RTI's ready in well in advance against Mayawati and Mulayam Singh Yadav's CBI cases, filed through her favourite RTI taxi.

6) Accordingly, to get around Mr. Satyanand Mishra's rigid and fair stance, a Full Bench of the Central Information Commission was arranged on 07.012.2012 (through the good offices of Mr. Pankaj P Shreyaskar who has stuck on at CIC ever since its inception by various methods and manipulations). The 2 other ICs were handpicked as Ms. Annapurna Dixit (eligible only because she is the widow of former NSA J.N. Dixit) and Mr. M.L. Sharma (former #2 in the CBI). This full Bench on 07.012.2012 at 12.15 am in Mr. Subhash Chandra Agrawal's matter was informed that the CBI had obtained an ex-parte stay on Mr Karira's order in the Delhi High Court 3 days back, and so information on Mayawati's and Mulayam Singh's cases should not be placed in public domain. To keep Mr. Subhash Chandra Agrawal under control, it was also arranged that the poodle sent her junior CHRI "pilla" (puppy) to assist Subhashji.

7) Within 5 hours of the CIC "staying" CBI's disclosure on Mayawati and Mulayam, at 7.00 PM the BSP and SP dutifully voted in favour of the FDI Bill in Rajya Sabha and kept the UPA going for another year.

8) IAC of course does not take such things lying down. We fully intend to fight it out in the High Court and have engaged counsel to represent Mr Karira.

9) On 05.March.2013 I appeared before Mr. Satyananda Mishra in Dr. Sandeep Gupta's CBI case and explained the above factual matrix to him and how the CBI has "misled" him on the stay order (there was a bitter battle between me and CBI on this). Mr. Mishra very kindly has upheld Mr. Karira's decision, and the CBI is now back again under RTI for all matters they are investigating of corruption and human rights allegations. The order link is below. Use it while it lasts, CBI may go to the Delhi High Court again as the next date is April 3 2013 there.

http://rti.india.gov.in/cic_decisions/CIC_SM_A_2012_001498_M_104763.pdf

Just to let everyone know that we are not giving up.

PS: Mr. Subhash Chandra Agrawal is also upset that he was used in this fashion by his "friends". He has filed a review against the corrupt Full bench order to Mr. Mishra as he told me recently.

Sarbajit
National Convenor
India Against Corruption, Jan Andolan

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