The Lok Sabha Secretariat has refused to entertain the request from the Prime Minister's Office seeking permission to disclose ministers' assets who are members of the House, saying RTI act does not have any such provisions for giving such "clearances". The reference to Lok Sabha was made by the PMO under the orders of the Central Information Commission which was deciding on an RTI application to the office seeking details of assets and liabilities of ministers.
"The PMO will refer the application with respect to those ministers who are Members of the Lok Sabha to Honourable Speaker Meira Kumar and those who are Members of the Rajya Sabha to the Honourable Chairman Hamid Ansari for permission to disclose the information, on receipt of which the information will be provided," Chief Information Commissioner Wajahat Habibullah has held.
The secretariat asked the PMO to take a call under relevant sections of the RTI Act and "spirit underlying" the order of the CIC but maintained the House is providing these details about ministers in their capacity as MPs.
"The RTI Act does not anywhere provide for giving clearance by one public authority to another public authority for providing information being maintained by that public authority to an applicant by the RTI Act. Under the circumstances it is felt that the instant reference is not required to be placed before Speaker Lok Sabha," the Lok Sabha Secretariat said in its communication to the PMO.
The members of the house have to declare their assets and liabilities within 90 days of taking oath as MPs under Rule 3 of the Members of the Lok Sabha (Declaration of Assets and Liabilities Rules, 2004), it said.
"On request for information regarding assets and liabilities regarding ministers being maintained by the PMO, they may take a considered view of the application keeping in view the provisions if any, pertaining to confidentiality of information furnished by the ministers to the PMO, provisions of the section 22 of the RTI Act and the spirit underlying the CIC decision," it said.
The case pertains to RTI application filed by activist S C Agrawal seeking to know from the PMO the assets and liabilities of members of the Union Council of Ministers.
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