Delhi HC impact: CIC emerges divided house
AS reported in ZeeNews, (PTI), May 25, 2010
New Delhi: The Delhi High Court's decision on the working of Central
Information Commission has divided the panel as some commissioners
have favoured suspension of work till government clears the issue of
constitution of benches, while others rejected the demand.
A meeting of all the Information Commissioners was convened by Chief
Information Commissioner Wajahat Habibullah Tuesday where some
senior-most commissioners said that hearings should be stopped till
the issue of benches is clarified by the government, sources privy to
meeting said.
When contacted, Habibullah refused to comment on the proceedings of
the meeting but said there would be no change in the working of the
Commission.
"We have sought legal opinion on the order. I have been told that
there was nothing in the order which barred the hearing by individual
commissioners. We will abide by the High Court order and will approach
the government seeking clarity on the matter but the work will
continue," Habibullah said.
The Delhi High Court on Friday struck down 'The Central Information
Commission (Management) Regulations, 2007' framed by the Chief
Information Commissioner for deciding appeals under the RTI, saying
the CIC has no power to enact such regulations under the transparency
law.
The court order was seen by some Information commissioners as a
question mark over the legality of the manner in which appeals are
heard before it, sources said.
At present, appeals are heard by individual commissioners or a group
of commissioners in Division or Full Bench depending on the matter.
Two senior-most commissioners said hearings should be stopped as
continuation in the present manner would mean contempt of court. The
view did not get support of the Chief Information Commissioner and two
other members who said stopping work would not be in public interest,
they said.
Meanwhile, rest of the members remain indecisive about continuing the hearing.
When the meeting was about to end the members demanding suspension of
hearings asked Habibullah to issue an order for continuation of work
and said in case there is a contempt of court, he must own
responsibility for the same.
"The constitution of benches has nothing to do with the rules that
have been struck down by the Delhi High Court. CIC was working in this
manner even before these rules came into being in 2007. The order does
not say that hearing appeals in such a way is illegal or should be
stopped," they said.
PTI
http://www.zeenews.com/news629220.html
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