RTI meets Swiss banking

Transparency vs secrecy: will we ever get the info?

samirsachdeva

Samir Sachdeva | October 18, 2010



The Central Information Commission (CIC) has directed the Enforcement Directorate (ED) to disclose to the RTI applicant, V R Chandran, an estimate of black money deposited by Indians in Swiss banks.

Also see: Swiss banks don't want to hide, so we don't want to seek!

The ED had declined the information under section 24(1) of the RTI Act which exempts the intelligence and security organisations specified in the Second Schedule, from the preview of the transparency law. The same clause highlights that information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section.

The bench comprising Wajahat Habibullah (the then CIC) and the information commissioners - A N Tiwari (current CIC), Shailesh Gandhi and M L Sharma ruled on September 28 that the matter being investigated by ED came within the definition of "allegations of corruption" and therefore needs to be disclosed to the applicant. CIC ordered that the total sum of the money investigated by ED in the case be disclosed to the applicant but exempted ED from disclosing names of parties and the nature of investigation.

The applicant in this case filed the RTI application on November 13, 2008. The first appeal in the matter was filed on January 7, 2009 and rejected on February 18, 2009 by the appellate authority. The second appeal was filed on February 23, 2009 and heard by single bench of information commissioner A N Tiwari on June 11, 2009. The matter was postponed to July 15, 2009 and thereafter transferred to a full bench. The commission also asked for feedback of the ministries of finance and law & justice on the matter. The matter was posted for October 15, 2009 but heard only on March 10, 2010 by the full bench. The full bench decision came on September 28, 2010 with a limited relief only. Now the decision of the CIC, most likely will be challenged in the high court followed by the supreme court (by either party) which will further delay the disclosure of the information.

Also when CIC has ruled that the amount of money being investigated needs to be disclosed as it is a corruption related matter then the exemption given on names of parties and nature of investigation was uncalled for. CIC has also passed an order which may let the citizens know a figure which is already circulating the media. The act of CIC to seek opinion from the ministry of law and justice is a clear conflict of interest as the ED may also have been seeking legal opinion from the same ministry. If CIC would have based their decision on any such advice it would have passed an order on a government officer which would have been in parallel receiving the advice of the legal department. Seeking opinion from the ministry of finance was equally surprising as ED is under the administrative control of the finance ministry. This would have meant CIC asking the public authority to advice on an appeal against it. By this action alone the CIC was proved that it was not true to disclosure of information. All these efforts appear to delay the decision and ensure that the information is not disclosed.

In past the Union Bank of Switzerland (UBS) has shared some information with the Indian government on names of individuals having accounts with it. But it is said that the UBS’s information was quietly buried as it named some politicians. While countries like the US have put pressure on Swiss banks by threatening sanctions on Swiss economy, India is still trying to hide the information whether on amount of money or names of parties. It looks as if no one in India wants to disclose the information least bring the money back.
 

Comments

 

Other News

A right she cannot reach

Last summer, the two of us spent several weeks in rural Madhya Pradesh with a non-profit that works on gender justice through women’s self-help groups. We went in with a notebook full of laws. The Protection of Women from Domestic Violence Act. The Dowry Prohibition Act. Free legal aid for every wo

Tier-2 cities lead India’s digital credit push

Digital payments have become a reflex for urban India, but the confidence earned in paying has not yet carried over to borrowing. That is the central finding of `How Urban India Pays Report 2026`, released by Pahlé India Foundation in collaboration with Amazon Pay. Based on a survey of 5,149 consu

India calls for doubling bilateral trade with UK by 2030

Commerce and industry minister Piyush Goyal has called upon businesses in India and the United Kingdom to translate the opportunities created by the India-UK Comprehensive Economic and Trade Agreement (CETA) into expanded trade, investment, partnerships and job creation. Addressing the Bu

Gandhian movement after Gandhi failed: Ram Guha

The Gandhian movement in India, after Gandhi’s death, failed, says Ramachandra Guha, and blames Vinoba Bhave for it. But the movement found new, fertile grounds around the world and succeeded in bringing about a change in South Africa, the US and elsewhere. It is high time it returned home. Of cour

When religion, politics and Bollywood come together

Tavleen Singh, noted journalist and political commentator, has turned to fiction, with her debut novel ‘The Actor’ (HaperCollins India). Set in the near future, it has a superstar, Amit Singh, turning to politics, when the political landscape is dominated by prime minister Guru Gaynendraj

Cabinet approves setting up of Integrated Transport & Logistics Authority

The union cabinet, chaired by prime minister Narendra Modi, on Tuesday approved the setting up of a Special Purpose Vehicle (SPV), called Integrated Transport & Logistics Authority (ITLA), to strengthen research, planning, appraisal, monitoring and impact assessment within the broad domains of Transp

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter