Business Standard: New Delhi: Saturday,
November 19, 2016.
The Delhi
High Court today stayed an order of Central Information Commission (CIC)
directing Constitution Club of India (CCI) to make public its report regarding
functioning.
Justice
Sanjeev Sachdeva stayed the operation of CIC's October 14 order till the next
date of hearing on April 25, 2017, on CCI's plea challenging the decision.
The high
court said the issue raised by CCI is already pending consideration in
different petitions filed before it by other parties, so the relief granted in
those matters is also extended to the club.
"Issue
notice to the respondents (CIC and a individual). Till the next date of hearing
the operation of October 14, 2016 order is stayed," the court said, adding
that the "issue raised in the matter required consideration".
The CIC in
its decision passed in October on RTI activist Subhash Chandra Agrawal's
petition had held that CCI on posh Rafi Marg in the city is a public authority
under the RTI Act and it is answerable to people's queries under the
transparency law.
Challenging
the CIC verdict, the club has claimed that the Commission had erred in holding
it a public authority.
Senior
advocate Abhishek Manu Singhvi, appearing for the club, contended that it does
not received any fund, grant or financial support whatsoever from any
government or state or public entity or from any source other than membership
subscriptions or charges.
He said the
land and building in which the club is housed have not been allotted by any
government to the club and it is a licensee of the government in the said
building and is paying licence fee to it.
The
Commission order had come on the plea of Agrawal who had sought to know details
regarding functioning of the club.
Singhvi had
sought to know if Lok Sabha Speaker is ex-officio president of Constitution
Club, questions related to setting up of the club, purpose, why was it changed
to an association etc.
The club
refused to respond to RTI query saying it does not come under the transparency
law.
Declaring it
as public authority under the RTI Act, the CIC bench had said, "People
should have a right to ask about the functioning of CCI and spending on it to
create facilities for their elected representatives and others.