A file photo of AAP leader Arvind Kejriwal. Photo: HT
A file photo of AAP leader Arvind Kejriwal. Photo: HT

HC stays CIC order to disclose Lt Governor-Arvind Kejriwal communications

In a plea LG's secretariat said under the Constitution there is a bar on courts in inquiring into advice tendered by council of ministers to the governor

New Delhi: 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 30 December 2014 order, also issued notice to the RTI (Right to Information) applicant, who had sought the information, directing him to file his response by the next date of hearing, 1 May.

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 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 8 December 2013, upto the date of providing information"

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