Tuesday, December 1, 2009

SC scared of RTI Act.

This itself shows their insecurity!
If they do everything in the correct way, then why are they afraid of making
the process transparent for the citizens to audit? How can asking for any
information be treated as an interference, unless there's something which is
going to be exposed?
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New Delhi: An appeal from the Supreme Court to itself may sound odd but its
unease with CIC’s orders has pushed the apex court to exercise the unusual
option. The SC moved the SC on Monday with appeals challenging orders of the
Central Information Commission
(CIC) asking it to divulge details relating to appointment of judges and
correspondence between the Chief Justice of India and Justice R Regupathy of
Madras HC on the alleged interference of a Union minister in a court case.
It had earlier moved the Delhi high court questioning a CIC order
directing opening up of information relating to declaration of assets by SC
judges. The appeal has been filed in the SC because of the feeling that the
apex court, being the final arbiter, should lay down guidelines on
applicability of RTI Act to matters relating to administration of justice.
Assailing the direction to make public information which were available
only with the CJI, the apex court in its two petitions, settled by attorney
general G E Vahanvati and drafted by advocate Devdatt Kamat, said the CJI
held the information pertaining to appointment of judges in a fiduciary
capacity, and hence it should be exempted from being made public under
Section 8(1)(e) of the RTI Act.
The short-cut taken by the apex court’s central principal information
officer (CPIO) in moving the SC instead of the normal course of approaching
the HC, is sure to raise eyebrows. The CPIO said it decided to come straight
to the SC because this is an issue of farreaching consequences and
substantial questions of law of general public interest, which have to be
ultimately and conclusively determined by the Supreme Court itself as the
top court of the country.
In one appeal, it challenged the CIC order directing SC to give details
of the decision not recommending the elevation of Justice A P Shah, Chief
Justice of Delhi HC, to SC even as the collegium headed by the CJI suggested
names of Chief Justices of four other HCs for appointment to the apex court.

In the second appeal, it sought setting aside of the CIC order asking SC
to furnish details to RTI applicant S C Agrawal of the correspondence
between the CJI and Justice R Regupathy of Madras HC on the incident in the
court in Chennai when the judge had alleged that a Union minister had tried
to influence him in a case pertaining to grant of anticipatory bail to a
person.
*Questions of law raised by the SC CPIO in both the appeals:
*Whether RTI applicant has a right to information relating to
appointment of judges under Section 2(J) of RTI Act
Whether the principles of independence of judiciary demand that the
functioning of judiciary should not be interfered with by ‘strangers and
busybodies’

1 comment:

Unknown said...

Very Good Information.Keep updated.