SC likely to hear its own appeal
In a rare case, the Supreme Court on Friday is likely to hear two appeals filed by itself to settle the issue of how much information can be furnished by the apex court under the RTI Act.delhi Updated: Dec 04, 2009 00:11 IST
In a rare case, the Supreme Court on Friday is likely to hear two appeals filed by itself to settle the issue of how much information can be furnished by the apex court under the RTI Act.
The appeals have been filed by the court’s central principal information officer challenging the November 26 orders of the CIC.
The CIC had asked the Supreme Court to provide details on the denial of promotion to three high court chief justices — including Delhi High Court Chief Justice A.P. Shah — last year, and to make public the correspondence between the Chief Justice of India and Justice Raghupati, the Madras High Court judge in June.
Justice Raghupati had said in open court that a union minister had allegedly tried to influence him in a case.
Acting on an RTI application of Subhash Chandra Agrawal, the CIC had asked the court to reveal the minister’s name.
Though a few days ago, the court had, in a subtle change of stand, conceded that the CJI is covered under the RTI law, it now seeks to invoke Section 8 of the Act — the exemption clause.
This means the kind of information that shall be made public will be at the Supreme Court’s discretion.
In both appeals, court officials have said the information sought to be revealed by the CIC cannot be divulged, since it falls under the exemption clauses of the RTI Act.
The apex court is also locked in a battle with the CIC in Delhi High Court, where the transparency watchdog scored a victory before a single judge bench.
Justice S. Ravindra Bhatt, had on September 2, upheld the CIC order asking the Supreme Court to provide details under RTI on whether judges declared their assets to the CJI.