Times of India: New Delhi: Saturday,
May 07, 2016.
Central
Information Commission has directed the Home Ministry to disclose all file
notings related to the controversial notification of the Centre issued on May
21, 2015 defining the role of Lt Governor in Delhi government.
The
information was denied by the Home Ministry saying Delhi government had
challenged it in the High Court and disclosure of the records might adversely
affect its case.
"The
respondent (Home Ministry) submitted that as soon as the said notification
dated May 21, 2015 was issued, the Government of NCT of Delhi had filed a writ
petition no. 5888/2015 before the Delhi High Court which is sub-judice...
"The
respondent further submitted that information could not be disclosed since the
matter is pending and any disclosure in that regard can adversely affect the
case," Information Commissioner Sudhir Bhargava noted.
Rejecting the
contention of the Centre on the plea of activist Subhash Agrawal, the
Commission said the information was not provided to the complainant on the
ground that the matter is sub-judice.
"However,
the same is no ground to claim exemption under Section 8 of the RTI Act.
Further, on specifically asking the respondent, he failed to justify the denial
of information.
"Thus,
the Commission accedes to the request of the complainant and converts this
complaint to second appeal and directs the respondent to provide point-wise
information, free of cost to the complainant within a period of four weeks from
the date of receipt of a copy of this decision," he said.
In a gazette
notification on May 21, 2015, the Ministry had said that the LG will have
jurisdiction over matters connected with services, public order, police and land
and he may consult with the Chief Minister whenever he thinks necessary in
issues of services using his own "discretion".
It is well
established that where there is no legislative power, there is no executive
power since executive power is co-extensive within legislative power, it said.
"Public
order, police, land and services fall outside purview of legislative assembly
of the National Capital Territory of Delhi and consequently the Government of
NCT of Delhi will have no executive power" on such matters, it said.
The gazette
notification said the LG shall in respect of matter connected with public
order, police, land and services exercise the powers and discharge the
functions of the central government to the extent delegated to him from time to
time by President provided that the LG may in his discretion obtain view of the
Chief Minister of Delhi in regard to the matter of "services" wherein
he deems it appropriate. ABS IKA RG IKA.
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