The Delhi High Court observed that the Central Information Commission (CIC) lacks jurisdiction to scrutinize the utilization of funds by Members of Parliament(MPs) under the Members of Parliament Local Area Development Scheme (MPLADS).

The Single-Judge Bench of Justice Subramonium Prasad expunged the remarks made by the CIC regarding the usage of MPLADS funds and its potential misuse in response to an RTI application filed by Ram Gopal Dixit.

"The Ld. CIC has no jurisdiction to comment upon the utilization of funds by the Members of Parliament under the Members of Parliament Local Area Development Scheme (MPLADS)," the Court emphasized.

The Court was dealing with a Writ Petition filed by the Central Government via the Ministry of Statistics and Programme Implementation, contesting two orders issued by the CIC in 2018.

Dixit's RTI request sought details about the initiatives, pending projects, and completed works by Rajesh Diwakar, then MP from the Hathras Constituency. Additionally, he sought information on MPLADS fund utilization and the status of projects recommended and implemented in the North Eastern Railway, such as road or railway station development.

The Central Government argued that the CIC exceeded its jurisdiction by commenting on the actions taken by MPs in spending MPLADS funds, which were beyond its purview.

The Court concurred with the argument, asserting that the CIC's authority should be limited to addressing questions raised in the RTI application or any other relevant aspect concerning it. It emphasized that the CIC is not empowered to pass adverse comments on the functioning of any public authority.

The Court said, "The scope of the RTI Act is only to ensure that information sought for under the RTI Act is dissipated in order to secure access to information under the control of public authorities. Therefore, the observations made by the Ld. CIC commenting upon as to how the Members of Parliament are utilizing the Members of Parliament Local Area Development Scheme (MPLADS) funds have to be expunged."

Hence, the Court ordered the expungement of the CIC's remarks concerning the utilization of MPLADS funds by Members of Parliament. "In view of the above, the portion of paragraph Nos.62 and 63 of the Impugned Order dated 16.10.2018 to the extent of observations made by the Ld. CIC regarding utilization of Members of Parliament Local Area Development Scheme (MPLADS) funds and the abuse of MPLADS funds stand eschewed. However, the portion whereby the Ld. CIC has directed the public authority under Section 19(8)(a)(iii) of RTI Act to publish MP-wise, Constituency wise and work-wise details of the funds is retained," the Court ordered.

Cause Title: Union of India through MOSPI v. Ram Gopal Dixit [W.P. (C) 5252/2020]

Appearance:-

Petitioner: Advocates Rahul Sharma (SPC), C.K. Bhatt, Mr. Ayush Bhatt

Respondent: Advocates Lalit Bhardwaj, Jatin Anand Dwivedi

Click here to read/download the Order


Justice Subramonium PrasadDelhi High CourtRight to Information Act 2005

Sukriti Mishra