Many Indians worry about black money and its impact on our economy. The Right to Information (RTI) Act, 2005, empowers citizens to seek information from government bodies. This case explores whether the crucial information about individuals who deposited black money in foreign banks can be accessed through an RTI application. If you are concerned about financial transparency and accountability, this case offers valuable insights.
Background: What Information Was Sought
An RTI applicant approached the Prime Minister’s Office (PMO) with a crucial request. They sought to know the names of individuals who had deposited black money in foreign banks. The aim was to bring transparency to the issue of unaccounted wealth stashed abroad. The PIO at the PMO initially provided some information but then transferred many parts of the application to the Department of Revenue. The PIO of the Department of Revenue also shared some details but ultimately refused to disclose the list of individuals suspected of depositing unaccounted money in foreign banks.
How the Public Authority Responded
The Public Information Officer (PIO) of the Prime Minister’s Office (PMO) acknowledged the RTI application but found that some of the information sought fell under the purview of other departments. Consequently, they transferred relevant parts of the application to the PIO of the Department of Revenue. The PIO at the Department of Revenue provided a partial response. However, a critical part of the request – the names of individuals who might have deposited unaccounted money in foreign banks – was denied. The reason given for this denial was that the disclosure of such information was governed 138 of the Income Tax Act, 1961. This section, they argued, allowed disclosure only in the public interest competent authority, and citizens should approach those authorities directly.
The CIC Hearing: What Happened
The matter reached the Central Information Commission (CIC) after the applicant was dissatisfied with the response. During the hearing, the applicant strongly argued that the PIO had wrongly denied access to the list of individuals alleged to have deposited unaccounted money in foreign banks. The applicant highlighted that the denial was based on Section 138 of the Income Tax Act, which, while having disclosure provisions, also implied that such information could be made public under specific circumstances. The respondent, representing the public authority, reiterated their stance that Section 138 of the Income Tax Act restricted the disclosure of such information, stating that citizens would need to approach the designated authorities for any public interest disclosures.
The CIC Order and Its Significance
The Central Information Commission (CIC) delivered a significant order in this case. The CIC directed the PIO to ascertain whether a central list of individuals who deposited unaccounted money in foreign banks actually exists. If such a list is indeed held department, the PIO was instructed to provide a copy of it to the appellant. However, the CIC also recognized the exemptions under the RTI Act. If the PIO decided that the information could not be disclosed, they were mandated to pass a speaking order. This speaking order would need to clearly cite the specific exemption provision under the RTI Act that justified the denial, providing a sound legal basis for the refusal.
Key Lessons for RTI Applicants
- Lesson 1: Persistence is Key: Even when initial responses are unsatisfactory or information is denied, pursuing the matter to higher authorities like the CIC can lead to positive outcomes. Don’t give up if your first RTI application doesn’t yield the desired results.
- Lesson 2: Understand Section 138 of the Income Tax Act: This case highlights that while certain information might seem protected under specific acts like the Income Tax Act, the RTI Act’s framework, particularly regarding public interest, can still be used to seek it. However, be prepared for the authority to cite relevant exemptions.
- Lesson 3: The Importance of a ‘Speaking Order’: When a PIO denies information, they must provide a ‘speaking order’ under Section 7(8) of the RTI Act. This means they must explain the reasons for denial, citing specific sections of the RTI Act. This ensures transparency and allows for proper review if the case goes to the CIC.
How to File a Similar RTI Application
- Identify the Correct Public Authority: Determine which government department is most likely to hold the information you seek. For matters related to foreign black money, the Department of Revenue or the Finance Ministry might be appropriate.
- Draft Your RTI Application Clearly: State your request precisely. For instance, if you are seeking information about financial irregularities, be specific about the type of information and the period.
- Quote Relevant Sections (Optional but helpful): While not mandatory, understanding relevant sections of the RTI Act and other applicable laws can strengthen your application.
- Be Prepared for Appeals: If your initial application is denied or you receive an unsatisfactory response, be ready to file a First Appeal and potentially a Second Appeal to the CIC.
Sample RTI question you can use:
“Please provide a list of individuals whose names have been officially identified and are held centrally Department of Revenue as having deposited unaccounted money in foreign banks, along with the amount of such deposits, if such a list is maintained and can be disclosed in the public interest under the provisions of the Right to Information Act, 2005.”
Conclusion
This case underscores the power of the RTI Act in pushing for greater transparency, even on sensitive issues like black money. While accessing names of individuals might be challenging due to privacy and other legal considerations, the CIC’s direction ensures that authorities must either provide the information or clearly justify its denial. As citizens, understanding our rights under the RTI Act is crucial for holding the government accountable and fostering a more transparent society. Keep asking questions, and know that the RTI Act is a powerful tool in your hands.
