I-T investigation wing out of RTI ambit

[karira]

As reported by Rahul Mangaonkar of TNN in The Times of India, Ahmedabad Edition dated 17 May 2008:
Welcome

I-T investigation wing out of RTI ambit

Activists Up In Arms, Say Move Is Blow To Anti-Corruption Movement

Ahmedabad: The Right to Information Act aims at bringing in transparency, containing corruption and instilling the sense of accountability in citizens. But, Directorate General of Income-tax - Investigation (DGIT-I), which investigates income tax evasions, conducting searches, seizure and surveys, has been quietly put outside its ambit.

RTI activists are terming this silent exemption to DGITI, as a blow to anti-corruption and transparency movements in the country. They have also been asking how it can be considered either a ‘security or intelligence’ organization?

On March 28 this year, the Department of Personnel and Training (DoPT) amended the Act’s schedules to exempt DGIT-I and two other organizations from RTI’s purview. Surprisingly, neither RTI activists nor chief information commissioner of Central Information Commission, Wajahat Habibullah, were aware of the move. “We are not aware of this notification and we will have to study it before commenting on it,” said Habibullah. Section 24 of RTI empowers central and state governments to put intelligence and security organizations in the schedule II, whereby RTI is not applicable to them.

However, this exemption is not applicable in cases of allegations of corruption and human rights violations.

Nikhil Dey of Majdoor Kisan Shakti Sangathan (MKSS) in Rajasthan, one of the founders of RTI movement, said, “This is complete misinterpretation of provisions and intent of RTI. DGITI can’t be considered as a security and intelligence-related organization. This shows how DoPT is trying to subvert RTI through backdoor moves. This is a blow to the anti-corruption movement.”

Magsaysay award recipient Arvind Kejriwal said, “This is news to me and it’s absolutely ridiculous! How can DGIT-I be exempted? This betrays the government’s intentions. We will challenge the notification in Delhi High Court.”

“Eventually, we will have to fight to sack schedule II itself as it is irrational. RTI has enough provisions to deny information pertaining to national interests. As long as section 24 and schedule II are in existence, such mischief will continue to protect vested interests” said Mumbai-based RTI activist Shailesh Gandhi.

[r.r.makwana]

The raids are conducted on evaders of taxes, the same are often base on 'information' from the informer. How one can disclose the name of informer?

How the following type of informations can be given?

To whom you are (department) going to raid?

[sidmis]

To whom you are (department) going to raid?

I would like to seek info on;

"The decision making process behind a Raid conducted on this date and it's outcome?"

AS a consequence of this Raid what action the department has taken? Give details.

[karira]

sidmis,

Prior to 28 March 2008, this was easy. Many decisions of CIC.

But post 28 March 2008, near impossible.
I can only think of one cisrcumstance for diclosure, that is if you are the "informer"
who gave the information which led to the raid.

[r.r.makwana]

To sidmis
""The decision making process behind a Raid conducted on this date and it's outcome?"

AS a consequence of this Raid what action the department has taken? Give details."

This will not in public interest, evaders know the way ow raids are been conducted, and try to escape from it , evades more and more taxes?

[karira]

Please also see the following thread:

When does exemption to DGIT become applicable...