TO,
The Public Information Officer,
Prime Minister’s Office,
South Block, New Delhi
Sub : Application under Right to Information Act, 2005
Dear Sir,
Attached report of Times of India dated 21.05.2008 says that though the German
Government is willing to part with the list of account holders in Liechtenstein’s LTG Bank,
GOI is hesitant in accepting it. In this regard, please provide following information:
1. Has GOI already decided not to accept the above list? If yes, reason for the same.
2. Please provide copies of all correspondence between GOI and German Government in
this regard.
3. Please give a list of the Ministries/Departments dealing with this subject. Kindly forward
a copy of this RTI application to all these Ministries/Departments under section 6 (3) of
RTI Act. I would be grateful if I am informed of the same.
4. Please give a list of all the files in PMO dealing with this subject. I would like to
inspect these files, including file notings. Kindly intimate date and time when I can come
for inspection.
5. Section 2 (f) of RTI Act reads as follows:
“information” means any material in any form, including records, documents and
information relating to any part private body which can be accessed by a public authority
under any other law for the time being in force.
The list contains names of some private bodies. Since the GOI now has the power and
opportunity to obtain this list, the said list is covered under the definition of “information”.
It should therefore, be obtained by GOI and made public.
I am separately attaching Rs. 10/- postal order no. as application fee.
Your sincerely
Anupama Jha
Transparency International India
Lajpat Bhawan, Qr. No. IV,
Lajpat Nagar IV, New Delhi – 110024
Dated : 14.07.08
To
Mrs Pragya Sahay Saksena,
Director (FT&TR-I) & Appellate Authority,
Room No 908, Hudco Vishala Building,
14, Bhikaji Cama Place,
New Delhi – 66
Sub: First appeal under RTI Act in the case of information regarding tax evaders from
German Government
Dear Madam,
I had sought certain information under RTI Act, copy of which is enclosed. In point no 2 of
the said application, I had sought copies of all correspondence between GOI and German
Government on the subject. In point no 5, I had requested the Indian Government to obtain the information about tax evaders from German Government and provide it to me under section 2(f) of RTI Act. However, information for these two points has not been provided to me.
The PIO, in his reply dated 25.6.08, has quoted the “Exchange of information” Article of the India/Germany DTAA to claim exemption from disclosure of information. The said article reads as follows:
ARTICLE 26 - Exchange of information - 1. The competent authorities of the
Contracting States shall exchange such information as is necessary for carrying out
the provisions of this Agreement. Any information received by a Contracting State
shall be treated as secret in the same manner as information obtained under the
domestic laws of that State and shall be disclosed only to persons or authorities
(including courts and administrative bodies) involved in the assessment or collection
of, the enforcement or prosecution in respect of, or the determination of appeals in
relation to, the taxes covered by this Agreement. Such persons or authorities shall use
the information only for such purposes. They may disclose the information in public
court proceedings or in judicial decisions.
2. In no case shall the provisions of paragraph 1 be construed so as to impose on a
Contracting State the obligation :
(a) to carry out administrative measures at variance with the laws and
administrative practice of that or of the other Contracting State ;
(b) to supply information which is not obtainable under the laws or in the
normal course of the administration of that or of the other Contracting State ;
and
(c) to supply information which would disclose any trade, business,
industrial, commercial or professional secret or trade process, or information,
the disclosure of which would be contrary to public policy (ordre public).
After quoting the said article, the PIO has sought exemption under clause (a) and (f) of
section 8(1) of RTI Act. Section 8(1)(a) reads as follows:
“information, disclosure of which would prejudicially affect the sovereignty and
integrity of India, the security, strategic, scientific or economic interests of the State,
relation with foreign State or lead to incitement of an offence.”
Section 8(1)(f) reads as follows:
“information received in confidence from foreign Government”
My objections to PIO’s refusal to provide information is as follows:
1. In point no 2, I have just sought copies of correspondence between Indian
Government and German Government. According to media reports, though the
German Government is willing to part with the list of accountholders in
Liechtenstein’s LTG Bank, the GOI is hesitant in accepting it. I am interested in
finding out what was the offer of the German Government? What was Indian
Government’s response thereto? How could this correspondence be covered under
Article 26 of DTAA? Did German Government write in their letter that they were
writing that letter under Article 26 and that the same should be treated as confidential?
Did German Government say that disclosure of the said letters would affect India’s
relations with the German Government? If not, then why is the Indian Government so
hesitant in disclosing it?
2. At point no 5, I have requested that the said list be obtained from German
Government and be disclosed. I am not commenting on this issue at this stage and
reserve the right to plead later after going through the said correspondence.
I would therefore request you to direct the PIO to provide the said correspondence
immediately. I would be grateful if I am provided an opportunity of personal hearing should you decide to reject my prayer.
With best regards
Yours sincerely,
(Anupama Jha)
Transparency International India,
Lajpat Bhawan,Qr.No IV
Lajpat Nagar IV, New Delhi - 110024
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