HC to hear former CIC's plea to disclose Ajit Pawar's IT returns

MUMBAI: Bombay high court is slated to hear on Tuesday a petition by former Central Information Commissioner Shailesh Gandhi challenging the Central Information Commission's order rejecting his plea seeking disclosure of the income tax returns and balance sheets of deputy chief minister Ajit Pawar.

On November 12, 2013 Justice Ranjit More had heard Gandhi's petition challenging the CIC's May 15, 2013 order which held that this information has no relationship with public activity and Gandhi has failed to disclose the larger public interest.

According to Gandhi's petition, his application under the Right to Information Act was rejected on January 2, 2013 by Central Public Information Officer/ Assistant Commissioner of IT. Consequently his appeals were rejected by the first appellate authority and then the CIC.

His advocate Sandeep Jalan argued that the CIC has not considered his contention that the information requested can be lawfully furnished within the framework of the RTI Act. Justice More questioned if it would not amount to invasion of privacy of a person as IT returns are personal information.

Jalan replied that Pawar being a public servant, this information is in public interest. He said affidavits disclosing personal assets filed by candidates fighting elections need to be verified by citizens. "Even if it is personal, still it has information related to public activity and public interest,'' said Jalan, citing two Supreme Court judgments that support his arguments. "Every case has to be tested on its merits There cannot be universal application of rules, "he added. Justice More asked Jalan to furnish the copies of the apex court's judgments and posted the next hearing on November 19, 2013

After the hearing, Gandhi told TOI, "Supreme Court has ruled that citizens have a right to know about the assets of a public servant and the disclosure cannot become less after they become a public servant."

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