Lawyer says response to his RTI plea on complaint against Surjewala delayed, state info panel orders probe

Indian Express: Chandigarh: Saturday, 07 March 2020.

The Haryana State Information Commission has asked the Deputy Commission, Jind, to investigate a matter “in respect” of an RTI application pertaining to land holdings of Congress senior leader Randeep Singh Surjewala. The Congress leader, however, questioned the Commission’s jurisdiction in ordering any investigation against a private individual and said that the land he possesses is “ancestral”.

“The Jind DC is directed to enquire the matter in respect of the RTI application dated April 2, 2019 within a month and shall submit his enquiry report to the Commission on or before April 8, 2020 positively. The DC is further directed to involve complainant Jitender Goel.in every hearing of enquiry,” read the order passed by State Information Commissioner Jai Singh Bishnoi on Thursday.

The probe, according to the sources, may cover the aspects related to an “untraceable” complaint of the RTI applicant Jitender Kumar Goel, a lawyer by profession, from the office of an administrative officer of Jind district, delay in forwarding the RTI application to officer concerned. and furnishing incomplete information in response to his query.

Bishnoi ordered the probe following converting Goel’s appeal to the Commission into a complaint case under section 18 of the RTI Act, 2005.

Goel told The Indian Express that he had urged the Commission to turn his appeal into a complaint case after the Jind administration did not provide information as sought by him on April 2, 2019.

Under Section 18 of the Act, “The Commission shall, while inquiring into complaint, have the same powers as are vested in a civil court while trying a civil suit under the Code of Civil Procedure, 1908”.

Goel in 2015 had sought a probe into the “excess/ beyond permissible land” allegedly owned by Surjewala.

In April 2019, Goel filed an RTI application with Jind SDM seeking to know the action taken on his complaint filed with Jind administration and Chief Minister Manohar Lal Khattar. Goel had sought information pertaining to his 2015 complaint in which he had alleged that Surjewala and his father “are in possession of more than permissible area of land as per the jamabandi for the year 2009-2010 and have violated the provisions of Haryana Ceiling of Land Holding Act”. Goel asked the State Public Information Officer (SPIO)-cum- SDM Jind whether the authorities have found land owned by Surjewala as “beyond permissible limit”.

The documents accessed by The Indian Express reveal that the state revenue department in November 2019 had asked the Jind DC to probe into the allegations leveled by Goel.

During previous hearing, the Commission had observed that the RTI application was filed on April 2, 2019 while it was transferred to the Tehsildar concerned after two months. As per rules, the application was to be transferred to the authority concerned within five days. Then a show-cause was issued to the SDM asking him to explain the reasons of delay.

In Thursday’s order, the Information Commissioner mentioned that if the Narwana SDM fails to appear before the Commission on the next date of hearing, “his presence would be secured through bailable warrants”. The show-cause notice issued to the SDM will be decided on the next hearing of the case on April 16.

Surjewala, meanwhile, said that the Information Commission “can only give you information and can’t order investigation” against a private individual.

“I have never bought a single acre of land. The agriculture land I possess is my ancestral land. (Prime Minister Narendra) Modi ji, Khattar sahab and the BJP can do whatever they wish. They will neither be able to browbeat me nor scare me. Browbeating techniques will not deter me from exposing the government on every issue. It will make my resolve only stronger,” said Surjewala.

A 2015 letter from Narwana SDM addressed to Goel mentions that Surjewala owns around 35 acres of land in two villages Surjakhera and Gurthali-of Jind district. Of this, according to the letter, 12 acres of ancestral land was transferred to him from his mother in 2014.