[HumJanenge] RTI Respondents can seek deposit of legal fees

In a recent decision of Delhi High Court (in yet another of Shailesh
Gandhi's bakwaas orders) has directed the Write Petitioner to deposit
Rs. 10,000 as litigation expenses for Respondent.

IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(C) 2844/2012 and C.M. No. 6148/2012 (for stay)

THE JAMMU AND KASHMIR BANK LTD AND ANR ..... Petitioners
Through: Mr. Vijay Hansaria, Sr. Advocate, with Mr. G. M. Kawoosa, Adv.
versus
THE CENTRAL INFORMATION COMMISSION
AND ANR ..... Respondents

O R D E R

14.05.2012

At the outset, learned senior counsel for the petitioner, on
instructions, states that respondent no.1 may be deleted from the array
of respondents. The said prayer is accepted. Let an amended memo of
parties be filed within a week.

The submission of learned senior counsel for the petitioner firstly
is that the Right to Information Act does not extend to the State of
Jammu and Kashmir. The petitioner bank has its registered office in
Jammu and Kashmir and branch offices outside the said State. However,
the direction issued by the CIC is that the petitioner bank should
appoint PIOs for all its branches. The next submission of the learned
senior counsel is that the Jammu and Kashmir High Court has taken a view
in SWP Nos. 960-a/1992, 1137/1994 and 2133/2000, by its decision dated
03.04.2006 that the Jammu and Kashmir Bank i.e., the petitioner is not
amenable to writ jurisdiction on the ground that the State does not have
financial or administrative control over the said Bank.

The aforesaid submissions require consideration.

Issue notice to the surviving respondent, returnable on 16.10.2012.

Till the next date, the operation of the impugned order shall
remain stayed subject to the petitioner depositing an amount of
Rs. 10,000/- in the Registry of this Court towards litigation expenses of
the respondent within a week.

VIPIN SANGHI, J

MAY 14, 2012