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When it comes to Mr Q, the right to know doesn’t apply

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  • Arun Jaitley

    First, the charges against Quattrocchi have not been framed since he has not appeared in court. How does this affect my right to information? Second, that a Red-corner notice against Quattrocchi has been issued. Does that have any bearing on freezing of Quattrocchi’s accounts and its subsequent defreezing?

    The last reason given in the reasoning is that my request is to be declined since it is covered under the exempted category of section 8(1)(e) and section 8(1)(h) of the Act. The first exempts information available to a person in his fiduciary relationship. I do not think the CBI has a fiduciary relationship with Quattrocchi and, therefore, it ought not seek exemption in this regard.

    The second section prevents disclosure of information which would impede an investigation or prosecution of an offender. Informing the country as to why two cases were not filed and why the accounts were defrozen certainly does not impede any prosecution or investigation. The right to information is the foundation of the right to knowledge. The right to knowledge is an inherent part of the freedom of expression.

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    The citizen’s right to be informed and the right to express oneself is a check on arbitrariness and nepotism in governmental functioning. If the Central Information Commission passes orders in order to prevent exposes relating to associates of the preferred family, the Central Information Commission aids and assists the process of nepotism rather than check it; the Right to Information Act, 2005 in its implementation becomes a farce.

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