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No need
to make emergency documents public: Court
Tuesday July 12, 2011 09:47:24 PM,
IANS
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New Delhi:
The Delhi High Court Tuesday stayed a Central Information
Commission's (CIC) order to the president's office to make public
all documents on declaration of the emergency in 1975 by the then
president Fakhruddin Ali Ahmed, including communications from the
then prime minister Indira Gandhi.
Justice Rajiv Sahai Endlaw issued a notice to S.C. Aggarwal, a
right to information (RTI) applicant, and stayed the CIC's order
till its further direction is passed.
The court issued notice after taking note of the submission of
central public information officer (CPIO) of Rashtrapati Bhavan
before the court that the documents were classified and
privileged.
"The president's secretariat is not liable to reveal the
information and the CIC has no jurisdiction in law to pass such a
direction," said the CPIO.
The CPIO also said that the CIC failed to bear in mind that the
information it asked to disclose directly related to the records
of the office of the president.
In doing so, the CIC failed to appreciate the scope of protection
under article 74 of the constitution.
On June 15, the CIC asked the Rashtrapati Bhavan to make public
all documents related to the declaration of the emergency.
The Rashtrapati Bhavan refused to disclose any information related
to the advice tendered by Gandhi to Ahmed on the imposition of the
emergency.
"The question whether any, and if so what, advice was tendered by
ministers to the president shall not be enquired into in any
court," the Rashtrapati Bhavan said, citing constitutional
provisions.
According to the CIC order, the emergency was a challenge to
India's commitment to democracy and was symbolised by curtailment
of fundamental rights of citizens, restrictions on the freedom of
press, illegal detention, abuse of citizens and enactment of
draconian laws.
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