If not for RTI, 2G action taken would be a secret

New Delhi: RTI's have been an effective tools in the hands of people to know what is happening on any particular issue and the action taken by the government on the various issues that generally are not filtered to the people in the form of information. A lot that goes on in the government does not reach the common man as part of information. People may be keen to know what action is being taken on corruptions and scams as of 2G Spectrum until an RTI is filed about the dessimination of the facts and figures of the mega scam. 

An RTI reply has revealed that attorney general G E Vahanvati attended a meeting on 2G spectrum allocation in December 2007 in his capacity as solicitor general where jailed ex-telecom minister A Raja and the then external affairs minister Pranab Mukherjee were also present.

However, no minutes of the said meeting were maintained, nor were a copy retained of the brief note prepared that day by Vahanvati and handed over to the minister. This crucial information has surfaced after a reluctant department of telecom was asked to furnish the information by the Central Information Commission.

Initially, the CPIO of DoT had refused to answer the queries posed in the RTI filed by activist Subhash Chandra Agrawal that prompted the latter to appeal before the CIC. It was only after the information watchdog struck off the grounds cited by DoT to deny the information that the latter sourced it from the office of the attorney general.

In his RTI query, Agrawal had sought to know if there was any discussion between Mukherjee and Vahanvati on the 2G spectrum allocation matter. A S Malhotra, PPS to the AG office, replied that the office of the attorney general and solictor general does not have a CPIO to furnish the information he asked for. "In the first week of December 2007, there was a discussion held with the then external affairs minister in relation to issues raised in the proceedings filed by COAI before the TDSAT in relation to allocation of spectrum.

"The contentions of the COAI and those of the DoT were explained to the minister," the RTI reply says.

When Agrawal demanded minutes of the spectrum meeting, he was told that none were prepared.

FnF has the copy of the documents and RTI appeal filed by Shri SC Agarwal. We bring to our readers to original documents of the petition and reply by the Department vof Telecommunication.

BEFORE HONOURABLE CENTRAL INFORMATION COMMISSION

APPEAL UNDER SECTION 19(3) OF RIGHT TO INFORMATION ACT

 Petitioner

Subhash Chandra Agrawal

1775 Kucha Lattushah, Dariba

Chandni Chowk, Delhi-110006


Respondents

Shri RK Gupta, Director (AS-1) & CPIO

Department of Telecommunications

(Access Services-1 Section)

Room No. 1203, Sanchar Bhawan

20 Ashok Road, NEW DELHI-110001

 &

Shri AK Srivastava

DDG(AS) & Appellate Authority

Department of Telecommunications

(Access Services Division)

Room No. 403, Sanchar Bhawan

20 Ashok Road, NEW DELHI-110001

 Brief Facts & Prayer

I vide my RTI petition dated 21.05.2010 sought detailed and complete information together with related file-notings/correspondence/documents etc on under-mentioned aspects relating to letter dated 26.12.2007 by Honourable Union Communications Minister to Honourable Prime Minister:

1.      Is the enclosed letter dated 26.12.2007 authentic?

2.      Was any discussion held with the then Union Minister for External Affairs and the then Solicitor General on the aspects referred in enclosed letter dated 26.12.2007?

3.      If yes, please provide copies of minutes of meeting with the then Union Minister for External Affairs and the then Solicitor General on the aspects referred in enclosed letter dated 26.12.2007

4.      Was any written note/advice also given in the matter by the then Solicitor General?

5.      If yes, copy of the said advice/note by the then Solicitor General

6.      Did the then Union Minister for External Affairs give any written note/advice in the matter?

7.      If yes, copy of the said advice/note by the then Union Minister for External Affairs

8.      Was there any meeting of Group of Ministers on the matter as referred in enclosed letter dated 26.12.2007?

9.      If yes, minutes of meetings of Group of Ministers in the matter

10.  Complete set of documents/correspondence/file-notings etc relating to aspects/matter mentioned in the enclosed letter dated 26.12.2007

11.  Any other related information

12.  File-notings on movement of this RTI petition as well

Learned CPIO vide response No.20-262(II)/2010-AS-I dated 10.06.2010 in a clear bid to evade queries of RTI petition declined to reveal any information. I simply asked authenticity of a photocopy of a letter said to have been written by Honourable Union Communication Minister to Honourable Prime Minister, and not of any news-report. Records of the Ministry can easily reveal if the said letter was actually written by Honourable Union Communication Minister or not. CPIO should be directed to match the enclosed photocopy of letter with that available in records of the ministry for furnishing information relating to query (1).

CPIO avoided information/documents on rest of the queries numbering (2) to (11) without even referring to records available in the ministry. Even a bare reading of mentioned letter dated 26.12.2007 (if available in the ministry) can provide information to query (2). Or otherwise, it should be made clear that ministry does not have any record of the referred letter. Likewise, proper analysis of the letter dated 26.12.2007 can provide information to rest of queries numbering (2) to (11) of RTI petition. It is surprising that the CPIO in reply to query (8) and (9) has surprisingly mentioned that even minutes of meeting of Group of Ministers are not maintained. In case Department of Telecommunications did not have such minutes of meeting, then my RTI petition should have been transferred under section 6(3) of RTI Act to the concerned public-authority which might possess such minutes of meeting of Group of Ministers as mentioned in enclosed letter dated 26.12.2007.

Likewise, there should be some documents/file-notings/correspondence etc relating to mentioned letter dated 26.12.2007 which also had enclosures. And these should have been provided to me under query (10) of my RTI petition. However all queries can only be termed ‘irrelevant’ only if Department of Telecommunications denies existence of mentioned letter dated 26.12.2007 from Honourable Union Communication Minister to Honourable Prime Minister.

I filed my first appeal requesting CPIO to be directed to reveal clear and true information to all the queries of my RTI petition but now to provide sought documents free-of-cost under section 7(6) of RTI Act. But the first Appellate authority vide order dated 30.07.2010 endorsed CPIO’s order without going into merits of my first appeal. I appeal that Department of Telecommunications may kindly be directed to provide point-wise information under section 7(9) of RTI Act as sought in my RTI petition but now with documents to be provided free-of-cost under section 7(6) of RTI Act. Compensation under section 19(8)(b) of RTI Act may also kindly be provided. It is prayed accordingly.

Humbly submitted

SUBHASH CHANDRA AGRAWAL
04.08.2010

Verification

I, Subhash Chandra Agrawal s/o late Shri Om Prakash and resident of 1775, Kucha Lattushah, Dariba, Delhi-110006 verify that the facts mentioned in my this appeal are correct to best of my knowledge.

 
SUBHASH CHANDRA AGRAWAL
1775 Kucha Lattushah
Dariba DELHI 110006 (India)
Mobile 9810033711    Fax      23254036
E-mail  subhashmadhu@sify.com
04.08.2010