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Follow on Google News | Delhi High Court quashes RTI Act,CIC Management Regulations 2007A division bench of the Delhi High Court today quashed the Central Information Commission (Management) Regulations 2007 in case of Er.Sarbajit Roy v. DDA. All Central RTI appeals will now be heard by all 10 Information Commissions jointly.
By: Delhi High Court Infowire In 2005 the complainant Er.Sarbajit Roy had moved India's first RTI case to India' FoI watchdog the Central Information Commission (CIC) complaining that the Delhi Development Authority (DDA) had failed to comply with proactive disclosure mandated under new India's Right to Information Act 2005. 4 years later on 22.09.2009 a twin bench of Chief Information Commissioner Wajahat Habibullah and Information Commissioner M.L.Sharma found Roy's allegations to be true and constituted a 3 member committee to go into all aspect of servicing RTI Act throughout the DDA expeditiously. Roy challenging the appointment of the committee cited the Government of India's legal opinion to CIC for there to be no provision in law for CIC to form benches or committees to decide complaints. The DDA then approached the High Court and obtained a stay against all proceeding in Roy's complaint. The Court heard Er.Roy, standing senior counsel for CIC Prof. K.K.Nigam and standing counsel for DDA Adv. Ajay Verma at length over 2 days. The Court was astounded to learn that the CIC (Management) Responding to the decision Chief Information Commissioner Wajahat Habibullah said "It is highly impractical to expect the entire bench to hear every case together especially in the state commissions. We have asked them to provide an alternative, a system in place so that their demand could be considered". CPI Politburo leader Brinda Karat also hit out at the government over the Government demand to force CIC to only sit as a Full Bench in Parliament. "Who is the DoPT to make such demands, the CIC is an independent body. The government has no business getting involved in this." There are now concerns that attempts by the government to restrict the role of the CIC will lead to a massive delay in disposing cases. Already 26,000 cases are awaiting hearing at CIC with an 18 month backlog. The wait has just got longer. # # # Delhi High Court Infowire, an online website for advocates reporting daily hearings from Delhi High Court contributed by advocates who appeared End
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