Why was Information Commission closed: Madras HC

Chennai: Initiating suo moto proceedings relating to an order of the Puducherry government dated July 31, 2007 abolishing the State Information Commission, the Madras High Court directed the Puducherry and Union governments to file affidavits within four weeks, explaining the circumstances under which the order was passed.

A division bench comprising Chief Justice Sanjay Kishan Kaul and Justice M. Sundar, which initiated the suo moto proceedings, however, dismissed a PIL from advocate Nirmalkumar Mohandoss, which sought to quash the order of the Puducherry government and direct it to establish the Puducherry State Information Commission.

The bench said the petitioner sought to assail the notification of the Chief Secretariat (Administrative Reforms Wing) after nine years, by which the office of the state information commission, Puducherry, had been abolished. Merely the fact that the petitioner is an advocate, who has now entered the bar, cannot be a ground to challenge this order after so many years.

“We are thus not inclined to entertain the writ petition at the behest of the petitioner and the same is dismissed. We would, however, like to know the circumstances under which the office of the state information commission, Puducherry was abolished in 2007 to find out the reason co-relatable to any change of circumstances and thus we take these proceedings suo moto and direct the same be accordingly registered”.

Directing the Puducherry government to file an affidavit explaining the circumstances under which the notification was issued, the bench directed the Union government also to file an affidavit explaining the circumstances under which the letter dated July 20, 2007, was issued. The bench posted to February 7, 2017, further hearing of the case.

According to Nirmalkumar, the Puducherry government had established the State Information Commission in 2006. However, by a letter dated July 20, 2007 without assigning any reason, the Union government informed the Puducherry government that the decision to wind up the Puducherry State Information Commission set up by the Puducherry government was taken at the level of the Home Minister on June 8, 2007 and directed the Puducherry government to comply with the decision immediately and send a confirmation to that effect within 10 days.

Pursuant to the letter, the Puducherry government wound up the Puducherry Information Commission by passing an order dated July 31, 2007 without any independent application of mind and the same was intimated to the Union government. Consequently, all pending proceedings before the Puducherry State Information Commission were transferred to the Central Information Commission at Delhi, he added.

He submitted that the Puducherry government was well within its powers to establish the Puducherry Information Commission. The Union government has directed the Puducherry government to abolish the State Information Commission by transgressing the powers of the Government of Puducherry. The purpose of establishing the State Information Commission was defeated as there was no state-level commission to receive the complaints and to entertain appeals against the Public Information Officers appointed in the public authorities directly under the control of the Government of Puducherry.

Pursuant to the notification, the citizens seeking information from the public authorities directly under the control of the Government of Puducherry have to approach the Central Information Commission to lodge complaints and institute an appeal against the decisions of such public information officers. This was unreasonable and acts as an impediment to the right to information as guaranteed under Article 19 of the Constitution, he added.