RTI query on Lokpal selection process: Delhi High Court asks Central government counsel to seek instructions

RTI query on Lokpal selection process: Delhi High Court asks Central government counsel to seek instructions

The Delhi High Court on Wednesday asked counsel representing the Central government to come with instructions in a plea seeking details under the Right to Information (RTI) Act about meetings of the Selection Committee for choosing the Chairperson and members of the Lokpal [Anjali Bhardwaj v. Union of India].

Justice Yashwant Varma asked Central Government Standing Counsel Amit Mahajan to obtain instructions in the matter and listed the case for further hearing on May 23.

The High Court was dealing with a petition filed by RTI activist Anjali Bhardwaj challenging the order of the Central Information Commission (CIC) dated January 28, 2021, by which it upheld the decision of the First Appellate Authority (FAA) denying her a copy of the minutes of the meetings of the Selection Committee constituted under the Lokpal and Lokayukta Act.

"The disclosure of information that forms the basis of the decisions of the Selection Committee is in the interest of the public at large since the public has a right to know the basis on which the chairperson and members of the Lokpal are selected,"

the plea stated.

The petition, filed and argued through Advocate Prashant Bhushan, stated that the Central Public Information Officer (CPIO) of the Department of Personnel and Training (DoPT) had refused to provide a copy of the minutes of the meetings of the Selection Committee.

The CPIO had claimed that the authorship of such documents by high-level dignitaries did not vest with the DoPT, and that the same had been shared as secret documents.

The plea argued that under the RTI Act, information can only be rejected on the grounds mentioned in Sections 8 or 9, and there is no provision for denying information on this ground.

The plea averred that the very purpose of the Lokpal Act is to enhance accountability in the functioning of public offices, and effectively contain and punish acts of corruption.

Therefore, if information related to the selection of the Lokpal Chairperson and members itself is withheld as secret information, then the same is antithetical to the letter and spirit of the Lokpal Act as well as the RTI Act, the petition stated.

"The Hon'ble Supreme Court has given various directions to ensure transparency in the process of shortlisting and selection of functionaries of independent statutory bodies like the Information Commissions and the Central Vigilance Commission to prevent the appointment process being undermined behind a cloak of secrecy. Transparency in the selection process, which safeguards against arbitrariness in appointments, is key to ensure the proper functioning of institutions especially those entrusted with the task of looking into cases of corruption including against senior government functionaries."

The refusal to provide information, the plea argued, violates citizens' fundamental right to information regarding the functioning of the State and all its instrumentalities, as has been recognised as being part of Article 19(1)(a) of the Constitution.

Delhi High Court Right to Information Act Lokpal