Skip to main content

Govt of India refuses to make public black money reports citing RTI's confidentiality clauses, Parliamentary privilege

By A Representative
Prime Minister Narendra Modi may have compared his government's efforts to flush out black money with his Swachh Bharat Abhiyan. But the ministries and departments operating under him appear to believe that reports prepared by them on black money cannot be made public because they were covered under secrecy clauses of the Right to Information (RTI) Act.
While an academic study on the subject has been prepared by the National Institute of Public Finance and Policy (NIPFP), the National Institute of Financial Management (NIFM), both under Union finance ministry, in alliance with the National Council of Applied Economic Research (NCAER), a non-profit economic policy research institute, the Black Money Special Investigation Team (SIT) has submitted five other reports have been submitted to the Supreme Court.
Replying to an RTI plea by well-known RTI activist Venkatesh Nayak of the Commonwealth Human Rights Initiative (CHRI), if the Department of Revenue, Union finance ministry, has refused to reveal contents of the academic study saying that the report is “covered” under Parliamentary privilege, NIPFP told Nayak, the academic study is “a classified document and confidential under the terms of the agreement with the Department of Revenue.”
The replies followed Nayak seeking a copy of study reports prepared by NIPFP, NIFM and NCAER on the subject of quantum of black money, as also reports submitted by the Black Money SIT to the Supreme Court of India.
While the Black Money SIT, declared last year a public authority by the Central Information Commission, said it did not have any report on black money prepared by the NIPFP, NCAER and NIFM, among the first to reply, says Nayak, ironically, was the Foreign Tax and Tax Research Division of the Central Board of Direct Taxes (CBDT) replied the information sought “did not pertain to their office”.
The CBDT’s foreign tax department sent in the reply despite the fact that, notes Nayak in an email alert, his “RTI application was primarily about action taken in India (and not abroad) to inquire or investigate the phenomenon of black money accumulation.”
In its reply, the Investigation Division of the Department of Revenue said that it is only concerned “with investigation of tax evasion petitions”, hence transferred away the RTI application to another division. Nayak comments, “By this reckoning, perhaps black money has not yet become the subject of any tax evasion petition.”
As regards reports submitted to the Supreme Court, concerned officials of the Black Money SIT told Nayak that in all five reports on black money had been submitted to the Supreme Court of India in “an ongoing case”, but “did not respond to the request for a copy of these reports.”
Recalls Nayak, “In the matter of Ram Jethmalani & Ors vs Union of India & Ors (popular as the black money case) the Supreme Court of India had rejected the then UPA government's claim that a confidentiality agreement contained in a double tax avoidance treaty with a foreign country should supersede the citizens' right to know.”
He comments, “Public authorities are now citing confidentiality clauses in domestic agreements to reject access to information.”

Comments

TRENDING

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

1857 War of Independence... when Hindu-Muslim separatism, hatred wasn't an issue

"The Sepoy Revolt at Meerut", Illustrated London News, 1857  By Shamsul Islam* Large sections of Hindus, Muslims and Sikhs unitedly challenged the greatest imperialist power, Britain, during India’s First War of Independence which began on May 10, 1857; the day being Sunday. This extraordinary unity, naturally, unnerved the firangees and made them realize that if their rule was to continue in India, it could happen only when Hindus and Muslims, the largest two religious communities were divided on communal lines.

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

Spirit of leadership vs bondage: Of empowered chairman of 100-acre social forestry coop

By Gagan Sethi*  This is about Khoda Sava, a young Dalit belonging to the Vankar sub-caste, who worked as a bonded labourer in a village near Vadgam in Banskantha district of North Gujarat. The year was 1982. Khoda had taken a loan of Rs 7,000 from the village sarpanch, a powerful landlord doing money-lending as his side business. Khoda, who had taken the loan for marriage, was landless. Normally, villagers would mortgage their land if they took loan from the sarpanch. But Khoda had no land. He had no option but to enter into a bondage agreement with the sarpanch in order to repay the loan. Working in bondage on the sarpanch’s field meant that he would be paid Rs 1,200 per annum, from which his loan amount with interest would be deducted. He was also obliged not to leave the sarpanch’s field and work as daily wager somewhere else. At the same time, Khoda was offered meal once a day, and his wife job as agricultural worker on a “priority basis”. That year, I was working as secretary...

Two more "aadhaar-linked" Jharkhand deaths: 17 die of starvation since Sept 2017

Kaleshwar's sons Santosh and Mantosh Counterview Desk A fact-finding team of the Right to Feed Campaign, pointing towards the death of two more persons due to starvation in Jharkhand, has said that this has happened because of the absence of aadhaar, leading to “persistent lack of food at home and unavailability of any means of earning.” It has disputed the state government claims that these deaths are due to reasons other than starvation, adding, the authorities have “done nothing” to reduce the alarming state of food insecurity in the state.

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...

Proposed Modi yatra from Jharkhand an 'insult' of Adivasi hero Birsa Munda: JMM

Counterview Desk  The civil rights network, Jharkhand Janadhikar Mahasabha (JMM), which claims to have 30 grassroots groups under its wings, has decided to launch Save Democracy campaign to oppose Prime Minister Narendra Modi’s Vikasit Bharat Sankalp Yatra to be launched on November 15 from the village of legendary 19th century tribal independence leader Birsa Munda from Ulihatu (Khunti district).

Fate of Yamuna floodplain still hangs in "balance" despite National Green Tribunal rap on Sri Sri event

By Ashok Shrimali* While the National Green Tribunal (NGT) on Thursday reportedly pulled up the Delhi Development Authority (DDA) for granting permission to hold spiritual guru Sri Sri Ravi Shankar's World Culture Festival on the banks of Yamuna, the chief petitioners against the high-profile event Yamuna Jiye Abhiyan has declared, the “fate of the floodplain still hangs in balance.”

From triple centurion to master coach: Bob Simpson’s enduring legacy

By Harsh Thakor*  Former Australia cricket captain and coach Bob Simpson has died in Sydney aged 89. He leaves behind an indelible legacy, having shaped Australian cricket for more than four decades as a player, captain and coach. Beyond the field, he also served the game as a law-maker, referee and commentator, carving a permanent niche among the all-time greats of Australian cricket.