Abolition of SIC, HC takes suo motu proceedings

The Madras High Court today took up suo motu proceedings relating to abolition of State Information Commission (SIC) by the Puducherry government and directed it and the Union of India to file their affidavits within four weeks explaining under what circumstances an order in this regard was passed.

Dismissing a PIL filed by Nirmalkumar Mohandoss, an advocate, seeking to quash the 2007 order of the Puducherry government, the division bench comprising Chief Justice Sanjay Kishan Kaul and Justice M Sundar said that the court is initiating suo motu proceedings on the matter.

"The petitioner sought to assail the notification dated July 31, 2007 of the Chief Secretariat (Administrative Reforms Wing) after nine years, by which the office of the SIC had been abolished.
 

"Merely the fact that the petitioner is an advocate can not be a ground to challenge the order after so many years. We are thus not inclined to entertain the writ petition at the behest of the petitioner and the same is dismissed," the bench said.

"We would, however, like to know the circumstances under which the office of the State Information Commission, Puducherry, was abolished in 2007 and thus we take these proceedings suo motu and direct the same be accordingly registered," the bench said.

The SIC was established by the Puducherry government in 2006 and without assigning any reason the Union government informed the Union Territory by a letter on July 20, 2007, that a decision was taken by Union Home Ministry to wind up the SIC and directed Union Territory to comply with the order of it, the petitioner submitted.

Pursuant to the letter, the Puducherry government wound up the Information Commission through an order on July 31, 2007.

Consequently, all pending proceedings before the Puducherry State Information Commission were transferred to the Central Information Commission at Delhi, the petitioner submitted.

The bench directed the Puducherry government and the Centre to file their affidavits in four weeks and posted the matter for further hearing to February 7, 2017.