Delhi HC issues notice to CBI on Sanjeev Chaturvedi's plea seeking vacation of stay on CIC order
Oct 17, 2022
New Delhi [India], October 17 : The Delhi High court on Monday issued notice to the Central Bureau of Investigation (CBI) on the plea of IFS Sanjeev Chaturvedi seeking a vacation of stay on the order of Chief Information Commissioner (CIC) directing CBI to provide the information sought under the RTI Act.
The High court on July 29, 2022, stayed the order passed by the CIC on November 25, 2019. This order was challenged by the CBI. The bench had also issued a notice to Sanjeev Chaturvedi.
Justice Yashwant Varma on Monday issued notice to the CBI and directed them to file a reply on an application moved by Chaturvedi through Advocate Manoj Khanna. The matter has been listed for December 14, 2022.
The counsel for Chaturvedi also filed the reply to the main petition moved by the CBI. The reply stated that the CBI is not absolutely exempt under RTI. It is bound to provide information where it is related to matters of Corruption or violation of human rights.
The reply referred to the previous court judgement wherein it was said that the CBI is to provide information under RTI where it is related to matters of Corruption and violation of Human Rights.
On the other hand, in the application seeking vacation of stay, it is stated that an interim order was passed without hearing the applicant Chaturvedi. Therefore it should be vacated.
Advocate Manoj Khanna submitted that the application seeking vacation of stay should be decided within 15 days of filing. It is mandated in the Constitution of India that the application seeking vacation of ex parte stay should be decided within 15 days.
The High Court had on July 29 issued notice to Sanjeev Chaturvedi, the former Chief Vigilance Officer (CVO), AIIMS on a plea moved by CBI challenging the order passed by Chief Information Commissioner (CIC) asking it to provide information related to an investigation under RTI. The court has stayed the said order till the next date of hearing.
The matter had been listed for January 27, 2023. Thereafter an application seeking an early hearing was also moved by Chaturvedi.
The bench also noted that Chaturvedi was placed on advance notice but none has appeared on his behalf. The petition has been moved by CBI's Central Public Information Officer (CPIO).
The bench had said, " prima facie, the Court finds merit in the contention of the counsel for the petitioner that material that may be gathered in the course of investigation would not be liable to be disclosed under the Right to Information Act, 2005."
The special public prosecutor (SPP) for CBI Anupam S. Sharma submitted that CBI is controlled by the Delhi Special Police Establishment Act, 1946 and answerable to the Central Vigilance Commission (CVC).
The SPP also submitted that since CBI is not statutorily obliged to furnish to the Central Government, CCI clearly erred in deciding the case based on Section 24 of the RTI Act. The bench said that the matter requires consideration.
Chaturvedi, an IFS, during his stint at AIIMS, New Delhi has exposed large-scale alleged corruption.
