Zee News: New Delhi: Tuesday, June
21, 2016.
Three years
after six national parties were brought under the ambit of the RTI Act,
Congress on Monday asked the Central Information Commission to set aside its
2013 full bench order, saying it is neither a court nor a competent authority
to exercise plenary jurisdiction and the order is "arbitrary and
illegal."
Counsel for
Congress K C Mittal today told a full bench of the Commission, which is hearing
the complaint against political parties for not responding to RTI applications
seeking details of the donations received by them, elections and other related
issues, that an application has been moved to quash its order bringing political
parties under the RTI Act.
"...It
has been held that CIC is neither a court nor is competent to exercise plenary
jurisdiction. There is no power even to decide upon its jurisdiction or
interpret the provisions of the act and the definitions," the plea filed
by Congress treasurer Motilal Vora on June 17 said.
The party,
whose government opened a new chapter of transparency by enacting Right to
Information in 2005, said as per Section 12 of the RTI Act, the Chief
Information Commissioner has only limited powers of superintendence, directions
and management of internal affairs of the Central Information Commission.
"It is
further submitted that the powers conferred on the Commission are defined under
Chapter V of the Act which no where gives the adjudicatory powers," it
said.
The plea said
applicant (Association for Democratic Reforms and SC Agrawal) failed to substantiate
their case and in the absence of any documents/evidence on record to show that
the political parties are substantially financed by the Government, declaring
political parties as substantially financed by the Government is
"arbitrary and illegal"
"The
order...Is based on surmise and conjecture. The order is without jurisdiction
and has no sanction of law, therefore it is per se nullity and
unenforceable," it said.
A full bench
of the Commission headed by the then Chief Information Commissioner Satyananda
Mishra had on June 03, 2013 brought six national parties--Congress, BJP, NCP,
BSP, CPI and CPM--under the ambit of RTI on the premise that they are substantially
funded by the Government in the form of subsidies, cheap land for offices, and
tax concessions.
The order has
neither been stayed nor set aside by any of the high courts or the Supreme
Court.
The plea said
political parties do not get any funding from the Government.
Congress said
Representation of People Act provides for adequate transparency regarding
finances of a political party.
"Declaring
a political party as public authority under the RTI Act would hamper its smooth
internal working, which is not the objective of the RTI Act and was not
envisaged by the Parliament under the RTI Act. Futher, the political rivals may
maliciously file a large number of applications under the RTI Act...Thereby
adversely affecting the political functioning of the political parties,"
it said.
The party
said it was felt necessary to annul the adverse effects of the "erroneous
conclusion" by the CIC that political parties are public authorities.
It said the
exemption granted to political parties under the Income Tax Act cannot be
construed their being substantially financed by the Government.
"The
Commission has exceeded its power and jurisdiction to assume an authority which
commission does not possess under the RTI Act," it said.
The party
cited a Supreme Court order to buttress its point that Congress is not
substantially financed by the Government which has no specific control over its
management and affairs.
Citing
Supreme Court case of Thalappalam service co-operative bank vs State of Kerala,
Congress said perusal of the judgment will show that political parties do not
fall within the definition of "Public Authority."
However,
Information Commissioner Sridhar Acharyulu during the hearing today in the
complaint case against the Congress observed that the question of political
parties being brought under RTI Act has reached finality with the full bench
order of June 03, 2013 which cannot be reopened.
It is to be
noted that that the bench of Sridhar Acharyulu is not hearing the petition of
the Congress.
The party
said the June 03, 2013 order of the Commission has "no substance in
law" and is "non-est" (does not exist).
Congress
cited CIC order of July 8, 2009 which said political parties were not public
authorities under the RTI Act which was set aside by the full bench on June
03,2013.
"It is
stated that the full bench of the Commission is neither the appellate authority
against the order passed by CIC nor is competent authority to set aside the order
dated July 8, 2009. The Commission is not a Government and functions within RTI
Act and there is no provision under the Act to set aside the order of
Commission by the Commission," it said.
It said every
order whether passed by a single Information Commissioner, division bench or
full Bench is the order of Commission, passed under the Act.
"Thus
the order dated July 8, 2009, having been passed by single nench by Chief
Information Commissioner is the order of the Commission under the Act. It
attained finality. It is an admitted position that the full bench is not an
appellate/ reviewing authority against the order passed by the
Commission," it said.
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