Delhi HC impact: CIC emerges divided house AS reported in ZeeNews, (PTI), May 25, 2010
New Delhi: The Delhi High Court's decision on the working of Central Information Commission has divided the panel as some commissioners have favoured suspension of work till government clears the issue of constitution of benches, while others rejected the demand. A meeting of all the Information Commissioners was convened by Chief Information Commissioner Wajahat Habibullah Tuesday where some senior-most commissioners said that hearings should be stopped till the issue of benches is clarified by the government, sources privy to meeting said. When contacted, Habibullah refused to comment on the proceedings of the meeting but said there would be no change in the working of the Commission. "We have sought legal opinion on the order. I have been told that there was nothing in the order which barred the hearing by individual commissioners. We will abide by the High Court order and will approach the government seeking clarity on the matter but the work will continue," Habibullah said. The Delhi High Court on Friday struck down 'The Central Information Commission (Management) Regulations, 2007' framed by the Chief Information Commissioner for deciding appeals under the RTI, saying the CIC has no power to enact such regulations under the transparency law. The court order was seen by some Information commissioners as a question mark over the legality of the manner in which appeals are heard before it, sources said. At present, appeals are heard by individual commissioners or a group of commissioners in Division or Full Bench depending on the matter. Two senior-most commissioners said hearings should be stopped as continuation in the present manner would mean contempt of court. The view did not get support of the Chief Information Commissioner and two other members who said stopping work would not be in public interest, they said. Meanwhile, rest of the members remain indecisive about continuing the hearing. When the meeting was about to end the members demanding suspension of hearings asked Habibullah to issue an order for continuation of work and said in case there is a contempt of court, he must own responsibility for the same. "The constitution of benches has nothing to do with the rules that have been struck down by the Delhi High Court. CIC was working in this manner even before these rules came into being in 2007. The order does not say that hearing appeals in such a way is illegal or should be stopped," they said. PTI http://www.zeenews.com/news629220.html
