Disclosure of affidavit filed in the SC on behalf of PM in 2G scam under RTI

Background        

The appellant sought information relating to the action taken on his letter and the affidavit filed in the Supreme Court on behalf of the Prime Minister of India in the 2G spectrum case. The Public Information Officer (PIO) informed the appellant that the only affidavit which had been filed in the Supreme Court related to Subramanyam Swamy vs. Dr. Man Mohan Singh. Later, on the directions of the First Appellate Authority (FAA), the PIO clarified that no affidavit had been filed in the 2G spectrum case. During the hearing, the appellant argued that the two responses of the PIO were contradictory. The respondents submitted that there was no contradiction and that only the facts were mentioned by the PIO.

View of CIC

The Central Information Commission (CIC) observed that the PIO's response was quite clear and without any ambiguity. The appellant further submitted that the PIO should be directed to provide him with a copy of the affidavit filed by the Prime Minister in the other matter. The Commission rejected his plea stating that a copy of the affidavit filed by the Prime Minister in the other matter cannot be given to him because he had not asked for this piece of information in his original RTI application and also because the affidavit filed by the Prime Minister of India in the Supreme Court was a part of the judicial record and it could be disclosed by the Supreme Court alone under the rules and orders framed by it for this purpose. It cannot be given by the PMO merely because it might still retain a copy of that affidavit.

Citation: Mr. Samir Vijay Zaveri v. Prime Minister’s Office, in File No.CIC/SM/A/2011/001216