Delhi HC issues notice to Centre on plea seeking details of Lokpal selection Committee meeting

The Delhi High Court issued a notice to the Central Government on Thursday in response to a petition seeking information about the Lokpal Selection Committee meeting.

Anjali Bhardwaj, an RTI activist, filed the petition in 2021, challenging the Chief Information Commissioner’s (CIC) order denying the information. Justice Prathiba M Singh issued a notice to the respondents, the Central government, on Thursday, directing them to file a response to the petition within four weeks. The case has been scheduled for September 16.

The petitioner has challenged the order issued by the CIC in January 2021, which upheld the decision of the First Appellate Authority to deny access to the minutes of the Selection Committee meeting.

According to the petition, the CPIO of the Department of Personnel and Training (DOPT) refused to provide a copy of the meeting minutes, claiming that the authorship of such documents by high-level dignitaries did not vest in the DOPT and that they were shared as secret documents.

“The disclosure of information that forms the basis of the decision 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.

It is also stated that under the RTI Act, access to information can be rejected only on the grounds mentioned in Section 8 or 9 and that there is no provision for denying information merely because the authorship vests in high-level dignitaries and not in public authority or because some documents are shared as secret.

During the earlier hearing, the previous bench had said that the only question that it will be considering is whether the same falls within the meaning of information or whether there are any instructions that restrict the centre from making the disclosure.

The petitioner also stated that transparency in appointments to oversight bodies is an important safeguard against arbitrariness in appointments and ensures their independence.

According to the petition, despite the fact that the Act was passed in 2013, the government failed to make appointments for over 5 years, and the Selection Committee, led by the Prime Minister, met in March 2018, after a contempt petition was filed in the Supreme Court. Standing Counsel for the Centre had objected to this submission.