RTI Court Decision: CIC directs CBI to provide info on DPA cases

[akhilesh yadav]

CIC directs CBI to provide info on DPA cases

Reported by PTI in moneycantrol.com on 08 August 2012
Source:CIC directs CBI to provide info on DPA cases - PTI

New Delhi, Aug 8 (PTI) The CBI has been directed by the Central Information Commission(CIC) to provide details of disproportionate assets cases registered by the probe agency against public servants. The direction was given after an RTI applicant had sought the information of all such cases since 1980 but the agency expressed difficulties to provide all the details since records prepared before computerisation began would be difficult to cull out.

During the hearing, CBI submitted that the desired information was not being maintained centrally in the manner the Appellant had wanted to know. CBI further clarified that prior to the computerisation of case records, all data was maintained manually and retrieval of the information desired by the RTI applicant for the period prior to the computerisation would be impossible since it would require each and every case file to be examined, Chief Information Commissioner Satyananda Mishra noted in his order. CBI was, however, willing to provide all the information which was mentioned centrally in digital form.

"We direct the CPIO of the CBI to provide all the available information across its various offices on the disproportionate assets cases for the period for which such data is centrally available. The CPIO is also directed to provide similar information, as available centrally, on all cases of sanctions sought against public servants for prosecution under the Prevention of Corruption Act," he said on the plea by Subhash Agrawal. Regarding another plea, Mishra directed CBI to provide details of complaints received against retired judges of High Court and Supreme Court including former Chief Justices of India and action taken on them. Mishra, however, added that in the cases which are under investigation, the CBI may take a call on the disclosure of information as per the provisions of the RTI Act.

He said "the file noting and other related documents showing the manner in which a particular complaint against a former Chief Justice of India had been dealt with should be provided to the Appellant. It is not right to say that such file noting is held by the CBI in a fiduciary capacity as argued by the Respondent during the hearing.

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As reported by Times of India: CIC: Give info on complaints against judges - The Times of IndiaCIC: Give info on complaints against judges

NEW DELHI: The Central Information Commission (CIC) has asked the CBI to disclose information related to complaints against chief justices of the Supreme Court and High Court. In a separate order, the Commission has also asked the investigating agency to provide details of public officials accused of possessing disproportionate assets and whose sanction for prosecution is pending.

The order was in response to multiple RTI applications filed by activist Subhash Agrawal.

Agrawal had sought information related to complaints received against chief justices of the High Court and Supreme Court. This is likely to bring up cases related to former CJIs Y K Sabharwal and K G Balakrishnan.

Giving CBI 10 days to comply chief information commissioner Satyananda Mishra said that the information should be given to the applicant.

In another set of RTI applications, Agrawal wanted to know various details about all the cases registered by the CBI since 1980 against public servants for possessing assets disproportionate to their known sources of income, the sanctions sought by the CBI for prosecuting public servants under the Prevention of Corruption Act as well as the number of cases registered against public servants under the same Act.

The CPIO had replied with the observation that it would be difficult to provide the information for a period of nearly 30 years as it would disproportionately divert the resources of the CBI. The appellate authority had endorsed the CPIO's decision.

Mishra said the information should be given within 10 working days with all the available information across its various offices on the disproportionate assets cases for the period for which such data is centrally available. The CPIO was also directed to provide similar information, as available centrally, on all cases of sanctions sought against public servants for prosecution under the Prevention of Corruption Act and the details of all cases registered under that Act against public servants till date.