The appellate authority under the RTI (Right to Information) Act of the Securities and Exchange Board of India comprising of Mr. Anand Baiwar adjudicated in the matter of Devkaben N. Kumbhare v CPIO, SEBI, Mumbai (Appeal No. 4347 of 2021) dealt with an issue in connection with Section 2 (f) of the Right to Information Act, 2005.
The appellant, Ms Devkaben N. Kumbhare had filed an application via RTI MIS Portal on the 27th of May, 2021, which SEBI received on the 29th of May, 2021, under the Right to Information Act, 2005. The respondent responded to the application by a letter on the 17th of June, 2021, filed by the appellate. After receiving a letter from the respondent on 14th of June, 2021, on his application, the appellate decided to file an appeal on the 18th of June, 2021. Appellate Authority considered the said appeal and fouund that the appellant has alleged non-receipt of response/ information from the respondent. From the available records, it is observed that the response was issued by the respondent on the 7th of June, 2021 through Registered Post, which is within the stipulated time as laid down in the Right to Information Act, 2005. Therefore, it was found that nothing survives in the appeal dated 14th of July, 2021 and the same has become infructuous. Accordingly, no further interference of this forum is warranted.
It was noted that the appellant filed another appeal dated 19th of June, 2021 (received by the Office of Appellate Authority on July 06, 2021), against the respondent’s response dated June 07, 2021. On perusal of the said appeal, it appears that the appellant is not satisfied with the response provided by the respondent. In view of the submissions made in the said appeal, the queries and the response provided thereto are discussed in the following paragraphs. On perusal of the application dated May 27, 2021, it appears that the appellant has filed the same under “life and liberty” provision of the RTI Act. Further, the appellant has requested that the IPO of Rs. 10 may be returned back since she has no source of income.
In her application, the appellate was seeking the following information:
I. Kindly let us know whether the cooperative society (Stars multipurpose Cooperative Society Ltd) as at annexure No 1A enclosed herewith is one of the companies (Sahara Group) and/or Cooperative society of which bank accounts are sealed or seized (proceeds in bank account of such society going to so called
II. “SEBI-SAHARA account” as claimed by Sahara group through print media advt year after year) by SEBI as per directions of Hon’ble Judiciary.
III. Kindly quote/cite the relevant excerpt of reason for doing (sealing) what is mentioned at 1 above.
IV. Kindly let us know (by ascertaining of deemed CPIO of SEBI, Mumbai) whether directive, if any, of Hon’ble Judiciary clearly, categorically, mentions the name / above cooperative society (among other cooperative society & group companies) in its order/directive (possibly to recover investment/ money in some other Sahara companies).
V. In continuation of III above, pl. provide names of all companies/ coop societies (if any), as mentioned in Court order or as compiled by SEBI or competent authority or which bank accounts are to be sealed, seized or freezed?