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Chief Justice Of India’s office comes under RTI Act, says Supreme Court

The Supreme Court confirmed today that the Chief Justice of India’s office comes under the Right to Information (RTI) Act emphasising that “in a constitutional democracy judges can’t be above the law”.

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The Supreme Court confirmed today that the Chief Justice of India’s office comes under the Right to Information (RTI) Act emphasising that “in a constitutional democracy judges can’t be above the law”.

“The CJI is within the public authority. The Right to Information and Right to Privacy are two sides of the same coin,” the court said in a majority judgement upholding the Delhi High Court’s ruling.

The five-judge Constitution bench comprising Justices NV Ramana, DY Chandrachud, Deepak Gupta and Sanjiv Khanna had reserved its judgment on April 4 in the plea by Supreme Court Secretary General challenging the Delhi High Court’s 2010 judgment declaring office of the CJI a public authority within the meaning of Section 2(h) of the 2005 Act, hence amenable to RTI application.

In the last hearing in April 2019, Attorney General (AG) KK Venugopal, who was representing the Supreme Court’s Central Public Information Officer (CPIO), had submitted that sharing information connected with the collegium, which is under the CJI office, would make judges and the government shy and destroy judicial independence. CPIO is the authority tasked to respond to RTI queries related to the court.

The bench, headed by the chief justice, had wrapped up the hearing, saying nobody wants a “system of opaqueness”, but the judiciary cannot be destroyed in the name of transparency.

“Nobody wants to remain in the state of darkness or keep anybody in the state of darkness,” it had said. “The question is drawing a line. In the name of transparency, you can’t destroy the institution.”

In a landmark verdict on January 10, 2010, the Delhi High Court had held that the office of the chief justice of India comes within the ambit of the Right to Information (RTI) law, saying judicial independence was not a judge’s privilege, but a responsibility cast upon him.

The 88-page judgement was then seen as a personal setback to the then Chief Justice KG Balakrishnan, who has been opposed to the disclosure of information relating to judges under the RTI Act.

The three-judge bench comprising Chief Justice AP Shah (since retired) and Justices Vikramjit Sen and S Muralidhar had dismissed a plea of the Supreme Court that contended bringing the CJI’s office within the RTI Act would “hamper” judicial independence.

The move to bring the office of the CJI under the transparency law was initiated by RTI activist SC Agrawal. His lawyer Prashant Bhushan had submitted in the top court that though the top court should not have been judging its own cause, it is hearing the appeals due to “doctrine of necessity”.

The lawyer had described the reluctance of the judiciary in parting information under the Right To Information Act as “unfortunate” and “disturbing”, asking: “Do judges inhabit different universe?”

He had submitted that the top court has always stood for transparency in functioning of other organs of the state, but it develops cold feet when its own issues require attention.

Referring to the RTI provisions, Mr Bhushan had said they also deal with exemptions and information that cannot be given to applicants, but the public interest should always “outweigh” personal interests if the person concerned is holding or about to hold a public office.

Dealing with “judicial independence”, he said the National Judicial Accountability Commission Act was struck down for protecting the judiciary against interference from the executive, but this did not mean that judiciary is free from “public scrutiny”.

“This is not the independence from accountability. Independence of judiciary means it has to be independent from the executive and not independent from common public. People are entitled to know as to what public authorities are doing,” Prashant Bhushan had said.

The deliberations of the collegium in appointing and overlooking judges or lawyers should be made public and information can be parted with under RTI on case-to-case basis keeping in mind the larger public interest, the lawyer had said.

The bench had said people, of late, were opting out and do not want to become judges because of the fear of negative publicity.

“On interaction, the reason appears to be the possibility of the negative observations, whether rightly or wrongly, being brought into the public domain,” it had observed.

In such a case, besides losing judgeship and reputation, the professional and family life of the person are adversely affected, it had said.

The top court had said it had brought about changes in the functioning of the collegium system and said now members have started interacting with prospective candidates.

India News

Meta to face Indian parliamentary panel over Zuckerberg’s election remarks

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Mark Zuckerberg

Social media giant Meta will soon be summoned by India’s Parliamentary Standing Committee on Communication and Information Technology over CEO Mark Zuckerberg’s comments regarding the 2024 Indian general election. Nishikant Dubey, BJP MP and chairman of the panel, stated that Meta would be held accountable for allegedly spreading misinformation.

“Misinformation in a democratic country damages its image. The organization must apologize to the Parliament and the people for this mistake,” Dubey said in a post on X.

Zuckerberg, during a January 10 podcast, referred to the global erosion of trust in governments post-Covid. He claimed that in 2024, major elections worldwide, including India’s, saw incumbents losing power, linking this trend to factors such as inflation, economic policies, and pandemic handling.

The statement was swiftly fact-checked by Union Minister Ashwini Vaishnaw, who clarified that India’s 2024 general elections reaffirmed public trust in the NDA led by Prime Minister Narendra Modi.

“As the world’s largest democracy, India conducted its 2024 elections with over 640 million voters. People reaffirmed their trust in the NDA under PM Modi’s leadership. Zuckerberg’s claim is factually incorrect,” Vaishnaw posted on X.

He also highlighted Modi’s governance during Covid, emphasizing free food for 800 million citizens, 2.2 billion free vaccines, and economic recovery efforts that positioned India as a fast-growing economy. Vaishnaw expressed disappointment in Meta for allowing such misinformation, urging the platform to prioritize factual reporting.

While the BJP saw a slight dip in seats during the 2024 elections, the NDA comfortably retained power with its allies’ support. This marked Modi’s historic third consecutive term as Prime Minister, making him only the second Indian leader after Jawaharlal Nehru to achieve this milestone.

The controversy surrounding Zuckerberg’s remarks underscores the growing scrutiny of social media platforms in influencing political discourse and the need for accountability in the digital space.

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Army vehicle accident in J&K claims two soldiers’ lives, two others injured

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Two soldiers were tragically killed and two others injured when an Army vehicle skidded off the road and plunged into a gorge in Jammu and Kashmir’s Bandipora district on Saturday.

The accident took place near the SK Payen area, leaving the soldiers with serious injuries. The injured personnel were promptly rushed to a nearby hospital for treatment, while the loss of the two soldiers has left the entire region in mourning.

This unfortunate incident follows another similar tragedy that occurred just a month ago in Poonch. In that accident, five soldiers lost their lives, and five others were injured when their truck fell into a 300-foot gorge. The Army’s White Knight Corps paid tribute to the fallen soldiers, sharing a statement on social media expressing their deepest condolences for the “brave soldiers” who had been serving on operational duty in the Poonch sector.

The latest loss has drawn widespread expressions of grief from political leaders. Jammu and Kashmir Chief Minister Omar Abdullah expressed his sorrow, while Congress leader Rahul Gandhi offered his heartfelt tributes to the martyrs. He also wished for a swift recovery for the injured soldiers and extended his deepest condolences to their grieving families.

These two incidents highlight the ongoing risks faced by soldiers in the line of duty, and the sacrifices made in protecting the nation. Authorities are continuing their investigation into the cause of the accident, while the military community comes together to mourn the tragic losses.

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Aligarh man’s journey ends in arrest as Pakistani woman declines marriage proposal

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India-Pakistan International Border

A 30-year-old Indian man, Badal Babu, from Uttar Pradesh’s Aligarh district, is in judicial custody in Pakistan after illegally crossing the border to meet his Facebook friend, only to be rejected. The woman, identified as 21-year-old Sana Rani, told authorities she has no interest in marrying him.

The arrest took place in Mandi Bahauddin, a district in Pakistan’s Punjab province, roughly 240 kilometers from Lahore. Babu was detained under sections 13 and 14 of Pakistan’s Foreign Act for entering the country without proper documentation.

A Facebook friendship turns sour

According to Punjab police officer Nasir Shah, the duo had been friends on Facebook for over two and a half years. Babu, in love with Rani, decided to cross the border illegally to propose. However, Rani’s statement to the police made it clear she had no intention of marrying him.

Shah added, “Babu crossed into Pakistan illegally and reached Maung village, where he was apprehended. Whether he met Rani in person remains unclear.”

Family under scrutiny

Reports suggest that intelligence officials questioned Rani and her family about her relationship with Babu. Although there is speculation that Rani may have given her statement under duress, this remains unconfirmed.

Legal proceedings begin

Babu, who narrated his “love story” to authorities, was presented in court, which placed him in judicial custody for 14 days. His next hearing is scheduled for January 10.

A familiar tale across borders

Babu’s story echoes previous cross-border romances fostered through social media or online games.

  • In a widely publicized case, Indian woman Anju traveled to Pakistan to marry Nasrullah, converting to Islam before tying the knot.
  • Similarly, Seema Haider, a Pakistani woman, crossed into India via Nepal to marry her PUBG friend after bringing her four children along.
  • Last year, 19-year-old Pakistani girl Iqra Jiwani married Indian national Mulayam Singh Yadav in Nepal after meeting him online.

While these cases highlight the unifying power of social media, they also underscore the legal and personal challenges of navigating cross-border relationships.

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