Make public opinion of CBI directors in Chatwal case: CIC

New Delhi, May 11: The Central Information Commission on Wednesday directed the CBI to make public reports of its directors relating to discharge of US-based hotelier Sant Singh Chatwal from two cases of alleged bank fraud. The CBI had refused to share information about the closing of alleged bank fraud cases against Chatwal saying two cases, "interconnected" with the closed cases, were still pending in court and disclosing these reports might adversely affect the prosecution.

When the matter reached the transparency panel, RTI applicant Krishnanand Tripathi argued that there was no investigation underway in the cases against Chatwal hence the information be disclosed.
He also alleged that the CBI was "deliberately" trying to suppress information about a "high profile NRI hotelier" as the copy of charge sheet and orders of court were public documents.

"A very peculiar claim was made that though the two cases for which information was being sought have been discharged, there are two other fraud cases which are being pursued in which some of the bank officers are the same. No evidence has been given as to how giving the information would impede the prosecution of offenders," Information Commissioner Shailesh Gandhi pointed out.

The CBI had registered, between 1992 and 1994, five cases against Chatwal and some bank officials for allegedly conniving with the intention of defrauding the Bank of Baroda and Bank of India.

Three of these cases against Chatwal, who received Padma Bhushan last year, were closed by CBI itself during the tenure of the then directors Vijay Shanker and Ashwani Kumar while charge sheets were filed by the agency in two cases before the Court of Special Judge, CBI, Mumbai. In these two cases, the court discharged Chatwal.

In his application, Tripathi had sought copies of charge sheets against Chatwal, copies of judgments delivered in the cases, recommendations made by legal and investigating officers after he was exonerated, advice given by Director of Prosecution and final observations and decisions made by the then CBI Directors.

Gandhi said Section 8(1)(h) of the RTI Act cited by the agency exempts disclosure of information which would impede the process of investigation, apprehension, or prosecution.

"No claim has been made that any investigation is continuing, and the fact that some bank officers (who were also accused in the cases) are being prosecuted in two other matters cannot justify refusal to give information in the matters relating to Sant Singh Chatwal," Gandhi said.

"Frivolously refusing information by claiming one of the 10 exemptions in Section 8(1) without giving explanation is an unwarranted denial of citizens' fundamental right. No proper explanation has been given for denying the information," he said while directing the CBI to provide information by May 31.

Source : centralchronicle
Posted On Wednesday, May 11, 2011