The Central Information Commission (CIC) has decided to approach the Supreme Court in connection with the Delhi high court order saying that the CIC had no powers to frame rules for hearing of appeals. The matter had earlier virtually divided the CIC with some information commissioners continuing to hear the appeals as per procedure laid out.
Chief information commissioner Wajahat Habibullah, in a meeting with the other information commissioners earlier this week, decided that the matter should be brought before the top court.
He told a news agency that such a move would clarify the position on whether or not the information commissions had the power to frame rules for hearing the pleas. Also, a supreme court order would provide uniformity to the entire procedure all across the country, he said.
The information commissioners, while presenting their case before the top court, will also take into account a recent judgment of the Patna high court in which the state information commission was allowed to frame the rules of hearing the appeals.
The information commissioners felt that there was a contradiction between the decisions of the Delhi high court and Patna high court, which needed to be clarified by putting it before the Supreme Court.
The Delhi high court, while hearing the plea of the Delhi Development Authority seeking quashing of the “Central Information Commission (management) Regulations 2007” on the ground that the CIC did not have the authority.
A double bench of the high court agreed with its contention saying that only the “competent authority” and “appropriate government” had the power to frame rules for hearing of special appeals by the Central Information Commission.
Many in the Central Information Commission had, however, seen it as infringement on the autonomy of the Right to Information Act. Meanwhile, till such time as the matter is decided by the Supreme Court, the normal procedure of hearing appeals will continue in the CIC.