Disclosure of communication between Delhi CM and Lt Governor stayed
Through an application filed under the Right to Information (RTI) Act, Rakesh Agarwal had sought copies of all correspondences and other forms of communications exchanged between Arvind Kejriwal as the Delhi Chief Minister 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. As the information was denied, the matter went up to the Central Information Commission (CIC) which directed the Lt Governor's secretariat to disclose the aforesaid communications vide an order dated December 30, 2014.
The LG's secretariat filed a petition with the Delhi High Court claiming that under the Constitution there is a bar on the courts in inquiring into advice tendered by the Council of Ministers to the Governor and sought quashing of the order of the CIC. The petitioner argued that the information sought is the ‘advice’ rendered by the Council of Ministers and thus, is barred from any form of judicial scrutiny.
Hearing the petition, Justice Rajiv Shakdher of the Delhi High Court has granted a stay on the CIC order and fixed the next date of hearing for May 1.