Can’t bring political parties under RTI, Centre tells SC

Political parties cannot disclose their internal functioning and financial information under the Right to Information Act as it will hamper their smooth functioning and become a weak spot for rivals with malicious intentions to take advantage of.

This was the answer given by the Union government to the Supreme Court against making political parties publicly accountable under the RTI Act.

The affidavit filed by the Department of Personnel and Training said the Act “never visualised or considered to bring political parties within its ambit.”

The Supreme Court had earlier issued notice to six national parties, including the BJP and the Congress, asking them why they can’t come clean and explain their hesitation to disclose complete details of their income, expenditure, donations, funding, including donor details, to the public under the RTI Act.

The other major parties to receive the notice were the Communist Party of India (Marxist), the Communist Party of India, the Nationalist Congress Party and the Bahujan Samaj Party.

The EC and the Centre were also asked to file responses.

Kejriwal effect on 'Lal Batties'

NEW DELHI: India could be moving to an era of just five of country's top constitutional authorities - namely the President, vice-president, Prime Minister, chief justice and Speaker of Lok Sabha - using red beacons in the wake of the prevailing mood against such VIP culture. What could force the government into such a pruning is an unusually frank legal opinion given by the solicitor general Mohan Parasaran.

In response to the four options suggested by the road transport on who should be entitled to have red beacon on their official vehicles, the SG has recommended that he personally feels that restricting the use to only five dignitaries is actually in "conformity" with the original thinking of the Supreme Court as expressed during oral argument. However, he has opined that limiting the present list of dignitaries by excluding constitutional functionaries such as chairman of Union Public Service Commission and chairman of SC/ ST Commission will be sufficient compliance of the Supreme Court orders to limit the VIP culture.

Sources said that in one of it options the ministry has proposed that many dignitaries including deputy ministers at Centre, chairman of Central Board Direct Taxes (CBDT), chief commissioner of Income Tax, members of Planning Commission and Cabinet secretary should be excluded from the list. This is option no-2 while the option-3 is for only five constitutional authorities.

Giving his view, which the Centre can consider option-3 from "policy prospective" in view of prevailing situation, the SG has written, "We cannot also be oblivious to the prevailing situation in the country and the sentiments of the people with regard to the usage of red beacon and also voluntary acts of some high dignitaries including chief ministers of some states openly declaring that they would not use Red Beacon any more."

He has opined that the third option is not necessarily mandated by the SC. Parasaran has said that the ministry in consultation with the Prime Minister's Office and the Cabinet as well as other appropriate agencies may consider whether it is desirable to amend the Motor Vehicle Rules notification more than what is required beyond the second option.

Source: TOI

67% of Rajya Sabha members crorepatis, 17% face criminal charges

NEW DELHI: Over two-thirds of Rajya Sabha members (67%) are crorepatis while 17% have criminal cases pending against them, according to latest data analyzed by the Association for Democratic Reforms (ADR).

In a report based on analysis of 227 out of 245 Rajya Sabha members — excluding the 12 nominated members and seats lying vacant — ADR said 38 members have declared criminal cases against them, out which 15 (7%) face serious criminal cases.

While Bahujan Samaj Party's (BSP) S P S Baghel from Uttar Pradesh has a case of attempt to murder against him, Congress's Parvez Hashmi from Delhi faces charges of voluntarily causing grievous hurt. T Rathinavel of AIADMK from Tamil Nadu is accused of electoral offence.

The average asset of the 227 Rajya Sabha MPs analyzed is Rs 20.17 crore. Among major parties, the average asset of Rajya Sabha MPs from Congress is Rs 16.74 crore, BJP MPs (Rs 8.51 crore), BSP MPs (Rs 13.82 crore) and CPM MPs (Rs 39.65 lakh).

Rajya Sabha MP with maximum assets is Mahendra Prasad of Janata Dal (United) from Bihar with belongings worth Rs 683.56 crore, followed by Vijaya Mallya, Independent member from Karnataka, (Rs 615.42 crore) and Samajawadi Party's Jaya Bachchan from Uttar Pradesh (Rs 493.86 crore).

Only nine MPs have declared assets worth less than Rs 20 lakh. BJP's Anil Dave from Madhya Pradesh has declared lowest assets worth Rs 2.75 lakh, followed by Trinamool Congress's Mohammed Nadimul from West Bengal (Rs 3.19 lakh) and Shymal Chakraborty of CPI-M from West Bengal (Rs 5.47 lakh).

At least 32, or 14% MPs, have not declared their PAN details.

A total of 12 members of Rajya Sabha are nominated by the President and are not mandated under current laws to submit their affidavits to the Election Commission.

Source TOI dated 7th Dec., 2013

Pace of justice in India

Pained at the pace of justice in our country, says Uma Kant Misra, who was acquitted in a case of embezzlement. Sharat Pradhan reports.

A Kanpur based postman, who was punished 29 years ago for alleged embezzlement of Rs 57 was given a clean chit by a Kanpur court last week.

Uma Kant Misra, who superannuated three years ago, has been acquitted of the charge, but far from bringing a smile on his face, the court order has left him bitter. The false charge had kept him suspended from service for 29 years, during which all he received was subsistence allowance.

During the course of his duty as a postman, Misra received Rs 697.60 towards distribution of money orders.  “I distributed Rs 300 and returned the remaining money to the post-master. But the post-master alleged that the money returned by me was short by Rs 57.60. He built a case of embezzlement against me and got me suspended on the prima facie charge,” says Misra.

All of Misra’s efforts to prove himself “not guilty” went in vain and his plea was not heard by the higher-ups. The case was handed over to the police, who made it a case of criminal breach of trust.  “With my very meagre resources I could do little to establish my innocence. Somehow I managed to approach the local court where it took me almost three decades to prove that the accusation of pocketing Rs 57.60 was false,” he said.  “I must have visited the court at least 350 times over those three long decades,” says Misra.

Asked if he was finally happy with his acquittal in the case, he said, “What happiness can this order bring to a man who could not provide education to his children, who has to beg before others for his daughter’s marriage and who was only struggling all his life, not merely to feed his family but to prove to the world that he was framed in a false case.”

“I am pained at the pace of justice in our country. I am sure if I had money, my case would not have lingered on for so long. You see how notorious and dreaded criminals manage to get relief because they can engage expensive lawyers, who can give all kinds of twists and turns to bail them out. If you are poor you are condemned to suffer,” added Misra.

Source: rediffmail.com

Swiss banks agree to share account details

Heralding an end to its banking secrecy wall, Switzerland will now share bank account and other details with foreign countries, including India, even without prior intimation to concerned persons and on the basis of queries emanating from stolen data.

The move comes as a shot in the arm for foreign authorities, including from India, who have been trying hard for years to get information about suspected illicit funds parked in Swiss banks.

The Swiss Federal Council's detailed statement on sharing tax information comes a day after the country inked the OECD's Multilateral Convention on Mutual Administrative Assistance in Tax Matters.

The signing of the pact allows for automatic exchange of information and mutual administrative assistance in tax matters with overseas authorities.

Known for its banking secrecy, Swiss government's proposal of deferred notification of taxpayers in "exceptional cases" would soon be discussed by (Swiss) Parliament.

Under the existing law, taxpayers had to be notified without exception before data concerning them was transmitted to the requesting state.

"Based on the results of the consultation procedure, the Federal Council has specified in its draft that deferred notification of taxpayers is possible only in exceptional cases," the Swiss government said.

Besides, the country which is putting forward the request would have to substantiate the same.

"The requesting state will also have to substantiate its request, e.g. by claiming the investigation would risk being compromised in the event of prior notification," it said.

Noting that group requests are already possible under the existing law, the Federal Council said that in order to improve efficiency, the revision provides for a notification procedure that is tailored to group requests.

As per the draft, which would be put up before the Parliament, Federal Council is given the power to determine the contents required for group requests and while doing so, international standards would also be taken into account.

The deferred notification clause would have to be incorporated by amending the Tax Administrative Assistance Act and the proposal was kept for public consultations. Consultations were conducted from August 14 to September 18, 2013.

In Switzerland, all matters related to legislation and changes in existing laws are made available for public comments before seeking Parliamentary nod.

"The proposal concerning the deferred notification of persons who are the subject of administrative assistance proceedings was received positively by the majority.

"Switzerland will thereby fulfil the applicable international standard. Under the existing law, taxpayers had to be notified without exception before data concerning them was transmitted to the requesting state," the Federal Council said in the statement.

Meanwhile, the Federal Council said the issue of administrative assistance requests based on stolen data met with strong opposition during the consultation.

"The Federal Council wished to break the deadlock whereby Switzerland is unable to respond to numerous requests due to a very restrictive practice in this area," it said.

According to the consultation draft, Switzerland could have responded to requests on the strict condition that the requesting state acquired the data lawfully and passively such as from another country.

Switzerland would have continued to refrain from responding to requests based on data acquired actively, the statement said.

"This easing would also have created more favourable conditions for Switzerland with regard to the Global Forum, which examines the efficiency of administrative assistance in practice during phase 2.

"However, those who participated in the consultation procedure rejected all changes of practice. Consequently, the Federal Council has decided not to include the planned provision," the statement said.

During the summit in September 2013, the G-20 members -- including India -- had again urged all jurisdictions to implement the Global Forum's recommendations without delay.

"This appeal was addressed particularly to those states which, like Switzerland, have not yet been admitted to the second phase of the peer review," the statement said.

The peer review of countries are done under the aegis of Global Forum on Transparency and Exchange of Information for Tax Purposes.

आधार कार्ड :

नई दिल्ली। तीन पेट्रोलियम कंपनियों ने आधार कार्ड मामले में उच्चतम न्यायालय का रुख किया है। पेट्रोलियम कंपनियों ने उच्चतम न्यायालय से आधार कार्ड मामले में उसके पहले के आदेश में सुधार करने का आग्रह किया है।

उच्चतम न्यायालय ने पहले जारी अपने आदेश में कहा है कि आधार कार्ड नहीं होने की वजह से किसी भी व्यक्ति को सरकारी योजनाओं का लाभ लेने से वंचित नहीं रखा जा सकता।

पेट्रोलियम पदार्थों का विपणन करने वाली सार्वजनिक क्षेत्र की आईओसीएल, बीपीसीएल और एचपीसीएल सोमवार को मुख्य न्यायाधीश पी. सदाशिवम और न्यायमूर्ति रंजन गोगोई की पीठ के समक्ष अविलंब सुनवाई के लिए अपना अनुरोध रखेंगी।

पीठ इससे पहले पेट्रोलियम एवं प्राकृतिक गैस मंत्रालय की इसी तरह की याचिका की सुनवाई की तारीख 8 अक्टूबर तय कर चुकी है।

सरकारी कंपनियों की वकील खुशबू जैन ने कहा कि अतिरिक्त सॉलिसीटर जनरल नागेश्वर राव पीठ के सामने अपना पक्ष रखेंगी। कंपनियों के अनुसार आधार कार्ड के बारे में न्यायालय के आदेश से उन लोगों के मन में गंभीर संदेह पैदा हो गया जिन्होंने एलपीजी सिलेंडर के लिए प्रत्यक्ष नकदी अंतरण (डीबीटीएल) पाने के लिए आधार कार्ड नंबर दर्ज कराया है।

सार्वजनिक क्षेत्र की कंपनियों ने कहा कि डीबीटीएल लागू किया जा चुका है और यह 54 जिलों में सफलता से काम कर रहा है। सब्सिडी की पुरानी प्रणाली बंद कर दी गई है। कंपनियां अन्य 235 जिलों में योजना लागू करने की प्रक्रिया में हैं।

इससे पहले उच्चतम न्यायालय ने मंत्रालय की याचिका पर 8 अक्टूबर को सुनवाई की सहमति दी। मंत्रालय ने डीबीटीएल योजना को जारी रखने के आदेश में परिवर्तन या स्पष्टीकरण की मांग की थी। फिलहाल डीबीटीएल योजना के तहत सिर्फ उसी व्यक्ति का फायदा मिल सकता है जिसके पास आधार कार्ड हो।

केंद्र ने शुक्रवार को उच्चतम न्यायालय का दरवाजा खटखटाते हुए आधार कार्ड पर पूर्व में दिए गए उस आदेश में बदलाव करने की मांग की है जिसमें शीर्ष अदालत ने कहा था कि आधार कार्ड अनिवार्य नहीं है और किसी भी व्यक्ति को इस आधार पर किसी सरकारी योजना से वंचित नहीं किया जा सकता।

उच्चतम न्यायालय में प्रधान न्यायाधीश न्यायमूर्ति पी. सदाशिवम की पीठ ने शुक्रवार को कहा कि केंद्र की याचिका पर 8 अक्टूबर को सुनवाई होगी।

केंद्र की ओर से उपस्थित होते हुए सॉलिसिटर जनरल मोहन पाराशरन ने कहा कि हम उस आदेश में बदलाव की मांग कर रहे हैं जिसमें कहा गया है कि आधार कार्ड अनिवार्य नहीं है। उन्होंने कहा कि यह आदेश कई कल्याण योजनाओं के मार्ग में आड़े आ सकता है।

इससे पहले, उच्चतम न्यायालय ने कहा था कि भारतीय विशिष्ट पहचान प्राधिकार (यूआईडीएआई) द्वारा जारी आधार कार्ड किसी सरकारी सेवा को प्राप्त करने के लिए अनिवार्य नहीं है और किसी भी व्यक्ति को कार्ड नहीं होने के चलते ऐसी सुविधाओं से वंचित नहीं किया जा सकता है।

शीर्ष अदालत ने केंद्र से यह कार्ड अवैध प्रवासियों को जारी नहीं करने को कहा था, क्योंकि वे इसका इस्तेमाल अपने प्रवास को वैध बनाने के लिए कर सकते हैं। केंद्र ने अदालत को बताया था कि आधार कार्ड वैकल्पिक है और उसे नागरिकों के लिए अनिवार्य नहीं बनाया गया है।

शीर्ष अदालत ने कुछ राज्यों में वेतन, पीएफ, विवाह एवं संपत्ति पंजीकरण जैसे कार्यों के लिए आधार कार्ड को अनिवार्य बनाए जाने के निर्णय के खिलाफ कई याचिकाओं पर सुनवाई करते हुए यह आदेश दिया था।

याचिकाकर्ताओं की दलील है कि यह योजना संविधान के अनुच्छेद 14 (समानता का अधिकार) और अनुच्छेद 21 (जीवन एवं स्वतंत्रता का अधिकार) जैसे मौलिक अधिकारों के खिलाफ है और सरकार हालांकि इसे स्वैच्छिक होने का दावा करती है, लेकिन ऐसा नहीं है।

(भाषा)

Campaign on electoral reforms

NEW DELHI: The apex court has called for the affidavit on October 9 when it has scheduled the next hearing of a public interest litigation filed by Public Interest Foundation (PIF) seeking directive of the highest court to the government on decriminalization of politics.

The apex court is also likely to give a ruling on whether charge-sheeted politicians should be debarred from contesting, one of the prayers in the PIL. As of now, only convicted leaders are not allowed to contest elections.

The October 9 hearing comes against the backdrop of three orders passed by the SC in quick succession where it acted as the catalyst for the much-delayed cleaning of the political process. In a judgment on July 10, the apex court ordered that convicted lawmakers should be disqualified from the membership of Parliament or state legislatures if the sentence is for two years or more.

On September 13, the apex court ruled that no one can contest election unless he/she has made full disclosure of his assets and criminal records in an affidavit before the Election Commission.

On September 28, the SC further directed the EC to give an option to voters to cast a negative vote, that is an option on the electronic voting machines: "none of the above".

Nripendra Misra, director of PIF, the non-governmental organisation behind the PIL, said his prayer before the SC seeking to debar charged politicians from contesting elections was in line with what the Justice JS Verma committee had recommended.

"The Election Commission has fully supported us on this issue," said Misra, former chairman of the Telecom Regulatory Authority of India (TRAI). Misra is running a campaign on electoral reforms along with former Cabinet secretary Naresh Chandra and former RBI governor Bimal Jalan.

Law ministry officials refused to comment on the government's stand on politicians slapped with serious criminal charges. The government had earlier deferred a decision on all these issues when they were taken up by the EC by referring them to the Law Commission for a comprehensive report.

"The EC could be empowered to frame rules which would disqualify the candidates charged for serious offences to contest elections," Misra suggested. One of the prayers in his PIL being that the government should be asked to legislate on electoral reforms.