Chandigarh Newsline: Chandigarh: Tuesday, July 31, 2012.
Submitting that the CBI can claim no immunity in withholding information pertaining to corruption, a social activist has filed a rebuttal to the petition filed by the CBI wherein it had refused to divulge information regarding investigation done by it in the infamous teachers’ recruitment scam.
The scam allegedly involved the then Director, Public Instructions (DPI), Samwartak Singh. In June this year, refusing to divulge information pertaining to the investigation carried out by it in the case, the CBI had moved the Punjab and Haryana High Court challenging an order passed by the Central Information Commission (CIC). On April 2 the Central Information Commission had directed the CBI to provide information to social activist Hemant Goswami as demanded by him under the Right to Information (RTI) Act.
Goswami had sought information related to the investigation done by the CBI and evidence collected by it in its initial probe wherein it had given a “clean chit”. Initially, the CBI had agreed to furnish the information. The CBI had submitted that the information demanded under the RTI can be declined if giving such information hinders the prosecution of offenders or compromises with the probe.
The High Court had issued notices to Hemant Goswami, who had sought information under the RTI. Today, Goswami filed a sharply worded reply against the petition filed by the CBI. In his petition, Goswami has submitted that till the date of filing of the petition, no FIR was registered by the CBI, so it can not be claimed that the matter was under investigation.
“Lawful investigation in any criminal matter initiates only after proper registration of a First Information Report. There is no other legal provision of initiation of investigation under the Criminal Procedure Code,” reads the reply filed by Goswami. It further states that the RTI Act specifically provides in Section 24 of the RTI Act to provide any information (sought) related to allegations of corruption.
The rules specifically mention that “provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section”. “The information as sought is also necessary to initiate further proceedings against the senior officials of the CBI who may be aiding and abetting the corruption which was pushed under the carpet by the CBI,” reads the detailed reply.
The High Court has adjourned the case for four weeks for final arguments.
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