[NICnet] IAC brings CBI back under RTI (for now)

[Sarbajit Roy]

Dear Friends

IAC has been carrying out a long struggle to keep the CBI under the RTI
despite massive rigging by the Govt. Today we have won yet another small
but significant battle in this war through our coordinated efforts.

*The brief facts are these* :-

1) Many high profile corruption cases and files are held by the CBI which
would otherwise be disclosable under RTI. The CBI has also been functioning
in a highly arbitrary and political manner when it comes to prosecutions.

2) IAC's General Secy Mr. C.J.Karira filed an RTI merely asking for list of
persons awaiting sanction for prosecution in matters CBI was investigating.

3) "Somebody" immediately got the Attorney General Mr. Ghulam Vahanvati to
issue a completely one-sided opinion, without any cause of action,
over-ruling whatever was previously written in the DoPT's files (by several
Dept's of Govt) that the CBI was NOT a "security" organisation. Within 14
days it was "arranged" that a notification was issued declaring CBI to be
exempted a security organisation exempt from RTI on basis of Mr.
Vahanavati's opinion.

4) IAC's Mr. Karira on 30.10.2012 then got the CIC (Central Information
Commission ) Mr Satyanand Mishra to declare that notwithstanding the RTI
exemption, the CBI would still have to disclose all information pertaining
to allegations of corruption and human rights violation as required by the
proviso to the exemption.

5) In first week of December 2102 the minority UPA Govt faced a critical
test of its majority over the FDI issue in the Lok Sabha and Rajya Sabha. 2
critical allies supporting from outside - the SP and the BSP are under the
CBI scanner and on the leash of the Govt. To further tighten the screws on
them, it was arranged that Sonia's Gandhi's pet poodle (I won't name her
again) had kept some RTI's ready in well in advance against Mayawati and
Mulayam Singh Yadav's CBI cases, filed through her favourite RTI taxi.

6) Accordingly, to get around Mr. Satyanand Mishra's rigid and fair stance,
a Full Bench of the Central Information Commission was arranged on
07.012.2012 (through the good offices of Mr. Pankaj P Shreyaskar who has
stuck on at CIC ever since its inception by various methods and
manipulations). The 2 other ICs were handpicked as Ms. Annapurna Dixit
(eligible only because she is the widow of former NSA J.N. Dixit) and Mr.
M.L. Sharma (former #2 in the CBI). This full Bench on 07.012.2012 at 12.15
am in Mr. Subhash Chandra Agrawal's matter was informed that the CBI had
obtained an ex-parte stay on Mr Karira's order in the Delhi High Court 3
days back, and so information on Mayawati's and Mulayam Singh's cases
should not be placed in public domain. To keep Mr. Subhash Chandra Agrawal
under control, it was also arranged that the poodle sent her junior CHRI
"pilla" (puppy) to assist Subhashji.

7) Within 5 hours of the CIC "staying" CBI's disclosure on Mayawati and
Mulayam, at 7.00 PM the BSP and SP dutifully voted in favour of the FDI
Bill in Rajya Sabha and kept the UPA going for another year.

8) IAC of course does not take such things lying down. We fully intend to
fight it out in the High Court and have engaged counsel to represent Mr
Karira.

9) On 05.March.2013 I appeared before Mr. Satyananda Mishra  in Dr. Sandeep
Gupta's CBI case and explained the above factual matrix to him and how the
CBI has "misled" him on the stay order (there was a bitter battle between
me and CBI on this). Mr. Mishra very kindly has upheld Mr. Karira's
decision, and the CBI is now back again under RTI for all matters they are
investigating of corruption and human rights allegations. The order link is
below. Use it while it lasts, CBI may go to the Delhi High Court again as
the next date is April 3 2013 there.

http://rti.india.gov.in/cic_decisions/CIC_SM_A_2012_001498_M_104763.pdf

Just to let everyone know that we are not giving up.

PS: Mr. Subhash Chandra Agrawal is also upset that he was used in this
fashion by his "friends". He has filed a review against the corrupt Full
bench order to Mr. Mishra as he told me recently.

Sarbajit
National Convenor
India Against Corruption, Jan Andolan
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