Enforcement Directorate Challenges CIC Directive On Volcker Report

Enforcement Directorate Challenges CIC Directive On Volcker Report Dated : 22-02-2009 Source : (PTI) Delhi : Enforcement Directorate has moved the Delhi High Court challenging the Central Information Commission's order asking it to submit the report of Virendra Dayal, who went to the UN to collect documents for oil-for-food scam in Iraq. "The petitioner (ED) is aggrieved by the CIC's directions to produce the file (relating to report of Dayal) in order to satisfy itself as to progress of the investigation, even while it concedes (in that order) that such investigations are pending," ED said in its petition to the Court. The Directorate claimed that the CIC's order was "unsustainable for more reasons than one". The organisation is specifically listed under II Schedule of the RTI Act, hence exempted from the obligations to disclose the information, ED submitted before the court. "The Commission cannot, having regard to the limited nature of its power, call for records pertaining to ongoing investigations in such sensitive matters," ED pleaded. The Delhi High Court has admitted the petition on grounds that prima facie case for grant of interim relief is made out. Earlier, one Arun Agrawal filed an RTI application seeking the "entire file containing papers along with notings relating to appointment, scope of brief of special envoy Virendra Dayal to obtain papers relating to Volcker report and his report to the Ministry (Finance) after meeting UN officials." Agrawal had alleged that documents from Volcker's report show that Reliance Petroleum was a non contractual beneficiary for lifting five times more oil than what was shown to have been lifted by Congress and former External Affairs minister Natwar Singh combined. Earlier, the Prime Minister's Office, the External Affairs and Finance Ministry, in response to the application whether lifting of oil by Reliance Petroleum was probed by Dayal, said they did not have possession of the report. During a hearing before the CIC, Revenue Department accepted that they had inquired about the report from ED only to be told that it comes under second schedule of the RTI Act, which gives it immunity from disclosing any information. The CIC, in an in-camera hearing later, called ED for its explanation as the allegations of corruption were levelled by Agrawal. The directorate said as the probe was in progress, hence information could not be disclosed. Chief Information Commission Wajahat Habibullah asked the department to produce material being used in the probe for its own perusal saying "we would wish to see what material is being used by the Directorate in the course of investigation." Agrwal had pleaded to the Commission through email that ED should confirm to the Commission that all the documents in respect of Reliance Petroleum were collected and there there is no cover-up by the department.

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