Zee
News: New Delhi: Thursday, 05 February 2015.
Delhi High
Court on Wednesday stayed a Central Information Commission (CIC) order
directing the Lt Governor's secretariat to disclose communications made between
the LG and Arvind Kejriwal when he was Delhi Chief Minister.
Justice Rajiv
Shakdher, while restraining operation of the CIC's December 30, 2014 order,
also issued notice to the RTI applicant, who had sought the information,
directing him to file his response by the next date of hearing, May one.
The order was
passed on a plea by the LG's secretariat, represented by Delhi government
standing counsel Zubeda Begum, which said that under the Constitution there is
a "bar on the courts in inquiring into advice tendered by the Council of
Ministers to the Governor".
It has said
in the instant case, RTI applicant Rakesh Agarwal has sought information which
is "advice" rendered by the Council of Ministers and thus, "is
barred from any form of judicial scrutiny".
Agarwal, in
his Right to Information (RTI) application, had sought "copies of all
correspondences and other forms of communications exchanged between Kejriwal or
his office and the Lt Governor or his office together with certified copies of
the connected files and file noting since December 8, 2013, upto the date of
providing information".
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