Skip to main content

Don Chhota Rajan's arrest: CBI refuses to part with copy of FIR, filed under Prevention of Corruption Act

By Our Representative
The Central Bureau of Investigation (CBI) has rejected a Right to Information (RTI) plea of senior human rights activist Venkatesh Nayak for a copy of FIR, on the basis of which notorious underworld don Chhota Rajan. The rejection came after 49 days of receiving the request claiming that the RTI Act “does not apply” to the CBI because it is an exempt organisation under Section 24 of the Act.
The Central Public Information Officer (CPIO) of the CBI said the “exemption” is based on a notification issued in June 2011 by the Department of Personnel and Training, Government of India, which said the RTI Act is not applicable to that organisation.
Taking exception to the argument, Nayak says, “This is another instance of the impunity with which several exempt organisations treat RTI applications.” He adds, “The proviso underneath Section 24 of the RTI Act makes it clear that even exempt organisations must provide information about allegations of corruption.” The FIR was reportedly registered under the Prevention of Corruption Act, 1988 (PoCA).
“Clearly, no FIR would have been registered suo motu under the provisions of the PoCA if the CBI were not investigating a case of corruption involving issuance of the allegedly fake passport by officials of the Indian Mission in Sydney”, insists, Nayak, adding, “By CBI's own admission, there is an allegation of corruption”, yet “it does not want to part with a copy of the FIR.”
Nayak says, “This is another addition to the long list of cases where the CBI has not only refused to disclose information about corruption cases it has been investigating but also cases of corruption charged against its own officers, despite several decisions from Central Information Commission (CIC) requiring disclosure.”
Interestingly, the CBI acknowledged the receipt Nayak’s application more than a month after he filed it – November 10, 2015. “According to the Department of Posts, the envelope containing the RTI application was delivered to the CBI on November 10, within less than a week”, he says, adding, “Nevertheless the CPIO claims that the information request was received in his branch only on December 12, 2015.”
“Where all did the RTI application go for more than a month remains a mystery”, comments Nayak, adding, “Once again CBI does not find itself bound to respond to an RTI application within the statutory time limit. Another demonstration of impunity and lack of respect for the law passed by Parliament.”
Earlier, the Ministry of External Affairs (MEA) rejected Nayak’s application seeking for all records relating to the issuance of the fake passport to Chhota Rajan. MEA invoked Section 8(1)(j) of the RTI Act to reject the request holding that it was "personal information" and also cited a judgement of the Delhi High Court in support of its rejection.
Interestingly, the Indian Consulate in Sydney has not still to reply to the queries of Nayak's RTI application sent to MEA, which is about the name and designation of the officer who issued the 'fake passport' and all file notings related to that decision. "Thirty days have lapsed since the RTI application was transferred to the Indian Consulate in Sydney", he points out.

Comments

TRENDING

Vaccine nationalism? Covaxin isn't safe either, perhaps it's worse: Experts

By Rajiv Shah  I was a little awestruck: The news had already spread that Astrazeneca – whose Indian variant Covishield was delivered to nearly 80% of Indian vaccine recipients during the Covid-19 era – has been withdrawn by the manufacturers following the admission by its UK pharma giant that its Covid-19 vector-based vaccine in “rare” instances cause TTS, or “thrombocytopenia thrombosis syndrome”, which lead to the blood to clump and form clots. The vaccine reportedly led to at least 81 deaths in the UK.

'Scientifically flawed': 22 examples of the failure of vaccine passports

By Vratesh Srivastava*   Vaccine passports were introduced in late 2021 in a number of places across the world, with the primary objective of curtailing community spread and inducing "vaccine hesitant" people to get vaccinated, ostensibly to ensure herd immunity. The case for vaccine passports was scientifically flawed and ethically questionable.

'Misleading' ads: Are our celebrities and public figures acting responsibly?

By Deepika* It is imperative for celebrities and public figures to act responsibly while endorsing a consumer product, the Supreme Court said as it recently clamped down on misleading advertisements.

Magnetic, stunning, Protima Bedi 'exposed' malice of sexual repression in society

By Harsh Thakor*  Protima Bedi was born to a baniya businessman and a Bengali mother as Protima Gupta in Delhi in 1949. Her father was a small-time trader, who was thrown out of his family for marrying a dark Bengali women. The theme of her early life was to rebel against traditional bondage. It was extraordinary how Protima underwent a metamorphosis from a conventional convent-educated girl into a freak. On October 12th was her 75th birthday; earlier this year, on August 18th it was her 25th death anniversary.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Palm oil industry 'deceptively using' geenwashing to market products

By Athena*  Corporate hypocrisy is a masterclass in manipulation that mostly remains undetected by consumers and citizens. Companies often boast about their environmental and social responsibilities. Yet their actions betray these promises, creating a chasm between their public image and the grim on-the-ground reality. This duplicity and severely erodes public trust and undermines the strong foundations of our society.

'Fake encounter': 12 Adivasis killed being dubbed Maoists, says FACAM

Counterview Desk   The civil rights network* Forum Against Corporatization and Militarization (FACAM), even as condemn what it has called "fake encounter" of 12 Adivasi villagers in Gangaloor, has taken strong exception to they being presented by the authorities as Maoists.

No compensation to family, reluctance to file FIR: Manual scavengers' death

By Arun Khote, Sanjeev Kumar*  Recently, there have been four instances of horrifying deaths of sewer/septic tank workers in Uttar Pradesh. On 2 May, 2024, Shobran Yadav, 56, and his son Sushil Yadav, 28, died from suffocation while cleaning a sewer line in Lucknow’s Wazirganj area. In another incident on 3 May 2024, two workers Nooni Mandal, 36 and Kokan Mandal aka Tapan Mandal, 40 were killed while cleaning the septic tank in a house in Noida, Sector 26. The two workers were residents of Malda district of West Bengal and lived in the slum area of Noida Sector 9. 

India 'not keen' on legally binding global treaty to reduce plastic production

By Rajiv Shah  Even as offering lip-service to the United Nations Environment Agency (UNEA) for the need to curb plastic production, the Government of India appears reluctant in reducing the production of plastic. A senior participant at the UNEP’s fourth session of the Intergovernmental Negotiating Committee (INC-4), which took place in Ottawa in April last week, told a plastics pollution seminar that India, along with China and Russia, did not want any legally binding agreement for curbing plastic pollution.

Mired in controversy, India's polio jab programme 'led to suffering, misery'

By Vratesh Srivastava*  Following the 1988 World Health Assembly declaration to eradicate polio by the year 2000, to which India was a signatory, India ran intensive pulse polio immunization campaigns since 1995. After 19 years, in 2014, polio was declared officially eradicated in India. India was formally acknowledged by WHO as being free of polio.