Govt directed by CVC to disclose CVC report on Lalli

NEW DELHI: The report of the Central Vigilance Commission on former Prasar Bharati CEO B S Lalli should be made public before 29 February, the Central Information Commission has said in a direction to the government.

The report which gave details of alleged irregularities in awarding telecast rights and financial mismanagement among others has never been disclosed by the Information and Broadcasting Ministry saying the disclosure would impede the process of investigation.

However, the Ministry had in November 2010 disclosed the five out of seven alleged financial and administrative irregularities of which Lalli had been accused. The CVC had probed the matter on the directive of the Delhi High Court in 2009.

The five allegations established by CVC relate to contracts for management of advertisement revenue arising from the telecast of cricket matches on Doordarshan during 2007; the non-telecast by Doordarshan of T-20 cricket World Cup matches held in South Africa in September 2007; engagement of legal entities to represent Prasar Bharati; purchase of Radio Broadcasting Rights for 13 cricket series held during 2007-09; and hiring of transport and accommodation for the conduct of the Commonwealth Youth Games in Pune in 2008.

The directive by the CIC relates to an RTI applicant Aseem Takyar who had sought to know from the Ministry the reports of CVC and Comptroller and Auditor General (CAG) against Lalli. The Ministry had said, "information sought vide your application relates to the matter which is under investigation and furnishing of information would impede the process of investigation and hence the information was denied under Section 8(1)(h) of the RTI Act".

The section allows withholding of information which would impede the process of investigation or apprehension or prosecution of offenders by a government department.

Rejecting the arguments of the Ministry, Information Commissioner Shailesh Gandhi said, "The Respondent (Ministry) has not given any justification or reasoning how disclosing the information would impede the process of investigation."

"Denial of a citizen?s fundamental right must be justified and the mere act of continuing an investigation cannot be used to deny citizens? rights. In view of this, the Commission does not accept the denial of information under Section 8(1)(h) of the RTI Act," Gandhi said.