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Thread: Applicability of Sec 24(1)

  1. Re: Applicability of Sec 24(1)


    Quote Originally Posted by Anuj Dhar View Post
    the "lie" pertained to RTI case with R&AW.
    Since you got this info under an RTI Application, maybe you can do something to nail this Lie.

    Manoj



  2. Re: Applicability of Sec 24(1)


    Quote Originally Posted by mpai View Post
    Since you got this info under an RTI Application, maybe you can do something to nail this Lie.
    Quote Originally Posted by mpai View Post

    Manoj


    I've already done so. I wrote this to CIC:

    Shri Kumar (of RAW) made a sweeping statement that they were "holding no information pertaining to Netaji", which is untrue. Please find attach a copy of a duly attested affidavit of former Union Home Secretary Shri Kamal filed in 2001 before Mukherjee Commission of Inquiry into Netaji's disappearance. This affidavit (on page marked '8') clearly refers to a 1994 record originating from R&AW about certain classified KGB records on Netaji. My contention is that with such a recent record evidently available with them, R&AW could not have said that they had "no information pertaining to Netaji".

    In the circumstances, I appeal to you to kindly revise your decision and issue appropriate directive to the Cabinet Secretary (R) to give an accurate answer to my request. I am making this appeal under Clauses 18(1), 18(1)(e), 18(2), 18(3)(a-f) of the RTI Act.




    CIC replied:

    In this regard undersigned has been directed to convey that Research and Analysis Wing of the Cabinet Secretariat is mentioned in the Second Schedule and hence the CIC has no jurisdiction to pass any orders/decisions in respect of disclosure of any information or files. etc. in possession of this organization unless it is covered under provisio to section 24(1) which speaks of allegation or corruption and human rights violation.





  3. Re: Applicability of Sec 24(1)


    Hmm, that a good work guys.

    I was just thinking whether the classified records will come under Information as the act defining information exempts the whole organization.

  4. Re: Applicability of Sec 24(1)



    so far as CIC is concerned, whaterever be the case, IB and RAW are out of bound. So the matter is closed.


    anyhow, we will concentrate on classified records held by ministiries. This month, the CIC will issue an order pertaining to cetain records held by MHA. The hearing was held on 5th June.

    And by 30th June the MEA is supposed to furnish copies of correspondence with the Russians on Netaji's fate. I dont think so they are going to oblige.

    Calcutta High Court ruling on Mukherjee Commission report's blatant rejection is also expected. The govt has failed to file an affidavit. As I see it, there is no legally tenable reason behind govt's move.

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