Sunday, October 31, 2010

CIC asks Delhi HC to drop rules due to lack of jurisdiction

The Central Information Commission has asked the Delhi High Court to drop rules it framed for the processing of information seeking applications at district courts, saying this would defeat the purpose of the RTI Act. "In exercise of the power in Section 25(5), the Commission again recommends to the High Court of Delhi to withdraw the rules made by it for the District Courts due to lack of jurisdiction and the fact that certain sub-rules...are beyond the exemptions the RTI Act," Information Commissioner Shailesh Gandhi said. Gandhi was hearing the plea of an inmate of the Tihar Prison who had sought some information from Tis Hazari court but was denied the same by the Public Information Officer citing sections of the Delhi District Courts (Right to Information) Rules framed for processing of the RTI pleas. The Rules cited by the PIO exempt information from disclosure if it amounts to intrusion in the judicial work of any Court, or relates to a judicial proceeding, or judicial function or matters incidental or ancillary thereto. Gandhi observed that the said rules provide for a much wider exemption than that stipulated under the RTI Act.

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