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

New Delhi, Oct 18 (PTI)

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 provided...in 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. "The said rules, if implemented, would defeat the purpose of the RTI Act and reading them as valid would tantamount to adding exemptions to the RTI Act, which were not envisaged by the Parliament," he said. Citing section 8(1)(b) of the RTI Act, Gandhi said it only exempts disclosure of information which has been "expressly forbidden" from being published by the Court of law or tribunal or the disclosure of which may constitute contempt of Court, he said. "The District Court Rules have been made by the High Court of Delhi in exercise of its powers under Section 28(1) of the RTI Act and notified in the New Delhi Gazette on May 6, 2009.Rules framed by a competent authority under Section 28(1) of the RTI Act cannot go beyond the exemptions provided in Section 8 and 9 of the RTI Act," he said. Section eight and nine of the transparency law provide list of categories of sensitive information which a public authority can refuse to an RTI applicant. "Under the RTI Act, information can be exempted from disclosure in accordance with Sections 8 and 9 of the RTI Act only and no other exemptions can be claimed while rejecting a demand for disclosure," he said. Gandhi directed the Registrar of the High Court to inform the Commission before December 30 if the recommendations made by it have been accepted.