Will Sonia be penalized under RTI?

[karira]

As reported by Rahul Mangaonkar of TNN in timesofindia.indiatimes.com on 2 August 2008:
Will Sonia be penalized under RTI? -Ahmedabad-Cities-The Times of India

Will Sonia be penalized under RTI?

NEW DELHI: Ask, and you shall be answered. Well, that's what was envisaged when the Right to Information (RTI) Act was enacted to empower citizens, but the reality has been quite different.

Now, UPA chairperson, Sonia Gandhi, who played a pivotal role in seeing the Act through, is herself in the dock. As a member of Parliament (MP), she faces the possibility of being penalized Rs 250 per day for not responding to an RTI application as a citizen has complained to the Central Information Commission (CIC).

The issue is - can information sought by applicants from public representatives qualify as information sought under RTI. And, whether an individual, as an MP or MLA, constitutes a public authority. The Lok Sabha Secretariat (LSS) has taken a stand implying that an MP is not a public authority as defined under RTI Act.

Radhey Shyam of Uttarhat village in Banda district made an application to Sonia Gandhi, and on not getting any reply, complained to CIC. "... it is requested that Sonia Gandhi may be called immediately and asked to provide information besides paying penalty of Rs 250 per day" . An application under RTI was made to Rahul Gandhi, MP, by Dr Awadesh Mishra seeking information on recommendations made by him or his representatives to ministries and departments on assistance to NGOs. On not getting a response, he appealed to Lok Sabha Speaker asking for directions to be given to the MP to comply with the provisions of RTI.

Deputy secretary of LSS sent a reply to Mishra that it did not have the information sought implying that an MP is not a public authority. Mishra complained to CIC: "Kindly get the information from Rahul Gandhi, MP from Amethi, under RTI."

CIC has taken up hearing of five complaints under RTI, two against Sonia Gandhi, and one each against Rahul Gandhi, MP, Sahib Singh Chouhan, MLA and Sunita Sharma, municipal councillor . As the issues were related , the complaints were grouped together.

CIC, in its interim decision, held that an MP had been conferred a specific authority by the Constitution of India in return for which he receives remuneration from public funds. But, before taking a decision in this regard, it felt that the interested parties be given an opportunity to be heard.

CIC has asked Central Public Information Officer (CPIO) of the LSS to appear before it on September 15 at 4 pm. Those elected representatives who wish to appear personally, or through a representative, can do so at the same time.

[karira]

As reported by Special Correspondent in howrah.org on 01 August 2008:
CIC seeks MPs? view on accountability - Howrah News Service - Latest news and headlines on Howrah and West Bengal

CIC seeks MPs’ view on accountability


Aug 1: The Central Information Commission is seeking to find out the views of the members of Parliament and legislature on whether they can be made accountable to the general public by bringing them within the ambit of public authority under the Right to Information Act.

The Central Information Commission has to decide on the issue and has sought the response of the Lok Sabha secretariat. Chief information commissioner Wajahat Habibullah has said that a public notice would soon be issued so that all members of Parliament and state Assemblies may express their opinion to the commission before any decision is taken on the matter.

"Before we take a decision in this regard, it is important that the interested parties in the present complaint are given an opportunity to be heard as to whether they can be considered as a public authority (under the RTI Act)," he said, adding that "the question before us is whether an individual can constitute an authority in himself, which can be termed as a public authority".

The commission order came on a bunch of appeals filed against Congress president Sonia Gandhi, Amethi MP Rahul Gandhi and Delhi BJP MLA Saheb Singh Chouhan for allegedly not disclosing information under the Act.
The four petitioners, belonging to Uttar Pradesh and Delhi, had approached the commission after they were denied information pertaining to development works done by their elected representatives in their constituency.

One of the petitioners, Radhey Shyam of Banda district in Uttar Pradesh, had even asked the CIC to impose a fine of Rs 250 per day on UPA chairperson Sonia Gandhi for delay in providing the information under the RTI Act. The commission is scheduled to hear the petition on September 15.

[karira]

CIC has issued a notice asking for written submissions on this matter.

The full notice can be seen at:

http://www.cic.gov.in/PublicNotices/...g-31072008.pdf

[karira]

One MLA in Maharashtra has already induced "transparency" in his woirking, activities, funds, etc...

Please see:

RTI: MLA offers to tell all

[sidmis]

CIC to decide if MPs/MLAs should reply to RTI queries
as reported by Himanshi Dhawan,TNN, 13 Aug 2008

NEW DELHI: Are Sonia Gandhi and Rahul Gandhi expected to reply to
Right to Information queries that are addressed to them in their
capacity as Members of Parliament? In a decision that could have
far-reaching ramifications, the Central Information Commission (CIC)
has decided to ascertain if elected representatives like an MP or MLA
can be recognised as a "public authority" in his or her own right.

This follows a growing number of complaints that MPs and MLAs have not
been responding to RTI queries regarding their work as public
representatives.

UP resident Awadesh Mishra had sought information from Amethi MP Rahul
Gandhi related to recommendations made by the latter on assistance to
NGOs. When Mishra did not receive any reply, he approached the Lok
Sabha secretariat which held that the MP was not a public authority as
defined under the RTI Act. The secretariat said the information was
not held by it and could only be made available by the MP.

Similar requests for information have been filed by Lucknow residents
Girish Chandra Mishra and Radhey Shyam with Rae Bareli MP and UPA
chairperson Sonia Gandhi. Delhi resident Sartaj Ahmed had sought
information from his area MLA Saheb Singh Chauhan regarding
development work in his constituency.

However, when there was no satisfactory reply to their queries, the
respondents approached the CIC. The commission, on its part, has
recognized that a MP has been given specific authority by the
Constitution in return for which he receives public funds.

The information watchdog has issued a public notice for opinions on
the issue adding that it would take a "view to decide whether the
information sought by these applicants can qualify as information
sought under the RTI Act". The submissions are expected to be given by
August 30 and a hearing is likely to be held in September.

CIC to decide if MPs/MLAs should reply to RTI queries-India-The Times of India