Union Government would cause any breach of Parliament or State Assembly. There is not
even iota of justification given by public authority about possibility of such ‘breach’ of
privilege.
Precedents
Most interestingly, the Governors in recent times positively responded to RTI requests of
Mr. Venkatesh Naik of CHRI, and shared copies of their reports to the Union Government
recommending imposition of President’s Rule in respective states. In response to RTI
request dated 11.1.2016, the Ministry of Home Affairs has shared report given by the
Governor N N Vohra of Jammu & Kashmir dated 9th January 2016 to Prime Minister and
Home Minister referring to responses of political parties regarding formation of government
in J & K, President’s signed copy of letter dated 9th January 2016 and proclamation of
Government’s Rule. The letters written to presidents of Political Parties and file notings
were also given. The MHA in another response to RTI request dated 22nd March 2016
gave the copies of report given by Sri J P Raj Khowa, Governor of Arunachal Pradesh to
President of India on 15th January 2016. The Attorney General shared the Report and
other documents from the office of Governor of Uttarakhand in the month March 2016
which was reviewed and based on which the Uttarakhand High Court invalidated the
President’s Rule. Then, how it is logical or legal to deny the report of the LG advising the
Union Government to dissolve the Delhi State Assembly and other related papers.
Information sought has to be shared, because a) the immunity under Article 163(3) will not
apply to Lt G., b) such immunity is from probing but not from disclosure, c) request for
information is not probe into advice, d) not exempted by any provision of RTI Act, e) there
is no stay operating on disclosure, f) the information sought is already known, g) there is
need for transparency in decision making process regarding dissolving and elected house
in public interest, h) there is neither executive privilege nor legislative privilege and i) there
is nothing to show that disclosure would case breach of parliamentary privilege.
The Commission directs both the office of Honorable LG and the Ministry of Home Affairs,
to provide certified copies of report along with all other papers sent by Honorable LG to the
Union Government to the appellant, within 30 days from the date of receipt of this order.
CENTRAL INFORMATION COMMISSION
Prof. M. Sridhar Acharyulu (Madabhushi Sridhar)
Information Commissioner
CIC/SA/A/2015/000748
Aditya Jain Vs. Lieutenant Governor Secretariat
Decision: 25-05-2016
