HC sets aside CIC order on disclosure of info on Emergency

In a major victory for President's Secretariat, the Delhi High Court today set aside three orders of the Central Information Commission that included a decision asking disclosure of records and correspondences between then President Fakhruddin Ali Ahmed and then Prime Minister Indira Gandhi on imposition of Emergency in 1975.
The court also allowed the appeal of the Secretariat of President of India against the order of the apex transparency panel that had directed disclosure of information relating to communications between the Prime Minister and the President on inclusion of Scheduled Caste persons in the reservation category even after they convert to Christianity.

The third appeal, which was also allowed, was filed against a CIC decision ordering disclosure of communication between the President and the Prime Minister's office (PMO) on finalising the list of Padma Awardee in 2004.
"I set aside the decisions of the Central Information Commission in all the three cases," Justice Manmohan said, adding a division bench is already hearing an appeal in a similar case and "you (RTI activists) can advance arguments before that court and there is no point in keeping the petitions pending here in view of an earlier judgement".
The court referred to the earlier high court decision that had said that such information cannot be disclosed as they are "privileged" and "classified documents" and hence, exempted from being disclosed under the Right to Information (RTI) Act.

One of the appeals was filed against the decision of the CIC that had asked the President's office on June 15, 2011 to disclose complete and detailed information on "all documents or records, deliberations, correspondences, files on declaration of internal emergency" in the country by Ahmed on the advice of Indira Gandhi.
The transparency panel had held the information sought was not barred "from disclosure under Article 74 of the Constitution of India and only the advice received by the then President from the then Prime Minister is protected from disclosure under Article 74(2) of the Constitution of India..."
The emergency was imposed on June 26, 1975 and remained in force till March 21, 1977 for a period of 21 months and it has been said to be one of the most controversial times in the history of independent India as various rights were suspended.