'Not That Simple, Entails Huge Infrastructure Investment': Delhi High Court On PIL To Allow Public, Journalists To Attend CIC Hearings

The Delhi High Court on Wednesday disposed of a public interest litigation seeking a direction on the Central Information Commission (CIC) to allow members of the general public as well as journalists to attend the proceedings physically as well as virtually.

A division bench comprising Chief Justice DK Upadhyaya and Justice Anish Dayal remarked the issue is not as simple as the petitioners want to portray and that the matter requires huge infrastructural investment.

The plea has been filed by various journalists, including Saurav Das.

Regarding the prayer seeking a direction that the proceedings before CIC be open to general public, the Court observed that in an order passed on September 23, 2016 by the Commission, it was observed already that “ordinarily the hearings of the cases are open to public.”

“Accordingly, in view of the aforesaid, no such declaration needs to be made by the court in respect of prayer A,” the Court said.

Regarding the prayer to permit entry of public and journalists to hearing rooms physically, the Bench permitted the petitioners to represent their cause to the CIC.

The Court directed the Commission to take an appropriate decision in accordance with the laws and rules with expedition, and communicate the said decision to the petitioners.

On the prayer regarding the facility be provided to public and journalists to attend hearings virtually, ASG Chetan Sharma told the Court that the matter is pending before the Supreme Court where the issue relating to the facility of virtual hearing before the Commission is pending.

“We accordingly are of the opinion that the petitioners shall be better advised that they seek implement in the matter pending before the Supreme Court which shall avoid duplicity of proceedings. The petition is disposed of in the aforesaid terms,” the Court said.

During the hearing, the counsel for the petitioners submitted that today, the practice before the CIC is that in case an individual is in Delhi, he or she has to appear before CIC headquarters virtually and in case the person is outside the national capital, the individual has to go to the nearest NIC centre physically.

He further said that although it has been said by Court that links must be published on the causelists of CIC, there is no specific mandamus that members of public can join the proceedings.

To this, the Bench remarked: “We don't know what infrastructure is available with the Commission. How many members of the public can be accommodated there.“

To this, the counsel said that at present, around 15-20 people can be accommodated in the hearing rooms beyond those representing the case. However, there is no option for virtual hearings for the public.

The Court remarked that the petitioners must approach the Supreme Court and file an impleadment there in the pending matter and that the issue can be widened up there.

“It is not as easy as you people perhaps trying to portray. There are issues and issues and issues which has prevented many high courts from going online. Online hearings are permissible but online streaming is not permissible. There are issues which must be realized by the members of the general public. It is not that easy,” the Court said.

“All of this calls upon huge investment in the infrastructure…If you are asking for providing access for general public to attend virtual hearings, will it not require investment for infrastructure?” the bench added.

The Court further remarked that while the issue was not about virtual courts or that such an access should not be given to public, but the matter entails huge infrastructure investment.

“What we wanted to tell you is that this thing is not as simple as you want to portray,” the Court said.

Title: Saurav Das & Ors v. CIC