Why the decision not to reveal who proposed which names, not unlawful: HC

The High Court has issued a rule seeking an explanation as to why is the decision not to reveal who proposed which names for selecting the competent persons for the appointment of the chief election commissioner and other commissioners, will not be declared unlawful.

The HC bench of justice Farah Mahbub and justice Ahmed Sohel issued the rule on Tuesday, asking the information commission and cabinet secretary to respond to it within four weeks.

The information commission, on 7 June, announced its decision that the information on who proposed which names for selecting the competent persons is not worth publishing.

Badiul Alam Majumdar, secretary of citizens for good governance (Shujan), and four prominent citizens filed a writ petition, challenging legality of the decision.

The HC bench heard the petition and issued the rule on Tuesday. Lawyer Sharif Bhuiyan argued for the petitioner while deputy attorney general Samarendra Nath Biswas represented the state.

According to the lawyer, Badiul Alam Majumdar submitted an application to the right to information wing of the cabinet division on 16 February, seeking detailed information on who proposed which names to the search committee formed to recommend eligible persons for appointing as CEC and other commissioners.

In further development, the designated official expressed his inability to provide any information on 1 March, saying that the cabinet division has no jurisdiction to provide any information in this regard.

The Shujan secretary later submitted an appeal to the appellate authority of the cabinet division. As the appellate authority did not respond to his appeal within the stipulated time, he lodged a complaint with the information commission.

However, the commission dismissed his complaint on 7 June, saying that the sought information cannot be provided.

The Shujan secretary filed a writ petition with the High Court on 23 June, challenging the information commission’s decision over the issue.

The writ petition sought a ruling as to why the commission’s decision not to provide information on who proposed which names should not be declared beyond the legal jurisdiction.

A six-member search committee was formed on 5 February to select competent persons for the appointment of CEC and other commissioners. The committee received proposals for some 322 individuals from political parties and through other ways.

The names were published on the website of the cabinet division on 14 February. But the names of proposers were not disclosed.