Receiving evidence in affidavit

[colnrkurup]

Section 18(3)(c) RTI Act empower the Information Commission to receive evidence in affidavit. In one of the hearing before the SIC, a PIO kept on repeating falsehood to counter my arguments. On my request the SIC has ordered the PIO to furnish the PIO's same contention in affidavit. The PIO has furnished the same falsehood in afidavit and got away. But on persuation of the falsehood subsequently with nearly 20 RTI applications to differant PIOs/AAs and confronting the PIO with those replies with directions from his FAA, the PIO was compelled to admit that the information furnished by him in his affidavit was my mistake. He has now intimated this to the SIC.

This leave vital issue. Irrespective of subseqent action," Affidavit is evidence within the meaning of Section 191 IPC and a person swearing to a false affidavit is guilty of PERJURY punishable under 193 IPC " - The SIC will not initiate any action on a case closed by him an year back. Unless the SIC report. the public authority of the PIO of commission of such a criminal act by the PIO the public authority also will not take any action. All the information furnished and damages done to the appellant by the PIO with his false affidavit need rectification. For Eg. The PIO has earlier replied by m i s t a k e that the appellant does not have title to the land in a particular survey number. Since the PIO now admit that it was a mistake, he is implying that the appellant has land in that sy number.

Of cource, the District Administration with habitual maladministration will not take any action. I am not aware of any public servant getting punished for such criminal acts by the present government. Is there any way out other than approaching judiciary ?

[advocate rajesh]

Col Sir, This is very sorry state of affairs. The SIC or CIC must take stringent action in such type of case otherwise PIO will be at liberty . You have very rightly pointed out that that under IPC action can be taken against the person who submit false afffidavit. But Sir ,All such tpye of rules are made for we people not for offcial .No one takes any action if the person effected is an official etc.