Skip to main content

Black Money SIT is public authority under RTI: Govt of India told as officials refuse info on Falciani allegations

Herve Falciani
By A Representative
In a significant ruling, the Central Information Commission (CIC) has held the Special Investigation Team (SIT), constituted by the Government of India to investigate all matters relating to black money in 2014 soon after Prime Minister Narendra Modi-led BJP won a resounding victory in Lok Sabha polls, is a public authority under the Right to Information (RTI) Act, 2005.
The black money SIT is headed by two retired justices of the Supreme Court and comprises of senior representatives of various ministries, departments and agencies, engaged in ensuring law enforcement and tax compliance.
The ruling comes following the argument of a Government of India official, attached with the Union finance ministry, in an appeal filed by senior RTI activist Venkatesh Nayak, that black money SIT saying that “no designated Central Public Information Officers (CPIOs) and First Appellate Authority (FAA) was appointed by the SIT”, even as replying in the “negative” when CIC asked if he had any objections if the SIT was declared as a public authority.
Nayak, who is with the Commonwealth Human Rights Initiative (CHRI), had gone to the CIC to get a ruling that the black money SIT was a public authority after the Government of India successively refused to part any information for about one-a-half years on what exactly it was doing with regard to whistleblower Herve Falciani’s allegation that the authorities in India were “not doing enough” to make use of the materials he had supplied to them about illegal funds stashed abroad.
The SIT was constituted in compliance of the directives of the Supreme Court in the matter of Ram Jethmalani & Ors vs Union of India & Ors -- popularly known as the black money case and a landmark judgement in RTI jurisprudence.
A former employee of HSBC Bank, based on Falciani’s allegation, on November 4, 2015, Nayak filed an RTI request with the with the authorities in the black money SIT seeking copies the letter reportedly written by Falciani to the chairman, SIT, of responses sent by the SIT to Falciani, of file notings related to Falciani’s letter, and documents containing details of action taken on Falciani’s letter.
Says Nayak, “as it happens often”, the authorities in the Ministry of Finance “played soccer with my RTI application for more than a month” and finally an official of the Central Board of Direct Taxes (CBDT) “rejected” access to information sought by claiming that “ongoing investigations would be hampered”.
Interestingly, the official reply referred to the suppliers of materials (such as Mr. Falciani) as "certain persons claiming to be whistleblowers". Comments Nayak, “Such replies are but natural in a situation where the government is keen on diluting the Whistleblower Protection Act instead of implementing it.”
After waiting for a reply from the black money SIT for 140 days, Nayak filed a complaint before the CIC to declare the SIT as a 'public authority' under the RTI Act, which led the CIC to direct the Department of Personnel and Training (DoPT) to declare the black money SIT as such.
Hoping that this would help him get the required information from the black money SIT, Nayak says, “CIC's order is a very positive step in the direction of expanding the regime of transparency to bodies that meet the criteria of a 'public authority' but do not comply with the provisions of the RTI Act for reasons best known to them.”
“Despite this case taking almost two years to reach finality, this is a timely development on the eve of the RTI Act entering the thirteenth year of implementation. It remains to be seen whether the SIT and the Government will comply with this order or challenge it before the courts”, he adds.

Comments

TRENDING

Arrival of USS Lincoln: A ‘leisure trip’ to Thailand or a neo-colonial move to commodify women?

By Benyasiri Eimviriyapong   The arrival of the USS Abraham Lincoln (CVN-72) for a ‘leisure trip’ in Thailand before returning to its campaign of destruction against the people of West Asia demands immediate interrogation and opposition. For us Thai people, and those in sites of American plunder across the globe, this a rattling of the US’ cold war colonial chains on its most loyal lap dog, while conducting a war of aggression in Iran and the ongoing genocide in Palestine. In allowing the USS Lincoln to dock, the Thai ruling elites are once again facilitating a system of imperial violence that extends far beyond Southeast Asian borders, a system which in our case, is predicated on sexual violence and femicide.

Global financial institutions 'ignored' climate warnings in Nepal’s hydropower disaster: SANDRP probe

Counterview News  A catastrophic flood disaster across Nepal’s Himalayan river valleys has triggered urgent international scrutiny over the role of multilateral lenders and development finance institutions. According to an extensive investigation published by the South Asia Network on Dams, Rivers and People (SANDRP), international financiers—including the World Bank Group’s International Finance Corporation (IFC), the Asian Development Bank (ADB), the Asian Infrastructure Investment Bank (AIIB), and the Export-Import Bank of China —pushed forward major hydropower projects in disaster-prone valleys despite documented warnings, recurring historical floods, and unheeded safety recommendations.

Pilgrimage or pollution? The waste crisis of Indian faith

By Raj Kumar Sinha*  In today's times, there are certain issues that are constantly talked about and discussed, yet no visible impact seems to be made. Beyond water, soil, and pollution, one crisis that continues to be overlooked is waste. Like other life-threatening problems, waste too is gradually moving toward burying and obliterating us. After the Kanwar Yatra in Haridwar, approximately 8,000 tonnes of waste were left behind on the riverbanks, including bottles filled with urine.