English हिन्दी
Connect with us

Latest News

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”.

Published

4 years ago

on

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”.

“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.

Related Topics:
Continue Reading

Latest News

Dust storm, light rain expected in Delhi-NCR today, heatwave conditions to abate

IMD claimed in a tweet that Thunderstorm dust with light to moderate intensity rain and gusty winds with speed of 30-50 km/hr would occur over and adjoining areas of many places of Delhi, North Delhi, North East Delhi, North west Delhi, West Delhi, Central Delhi, East delhi and NCR( Loni Dehat, Hindon AF station, Ghaziabad, Indrapuram, Chapraula) Sonipat, Rohtak, Kharkhoda (Haryana) Baraut, Bagpat, Meerut, Khekra, Modinagar, Kithor , Garhmukhteshwar, Pilakhua, Hapur ,Gulaoti ,Siyana ,Sikandrabad , Bulandshahr ,  Jahangirabad (UP)

Published

11 months ago

on

May 17, 2023

By

Dust storm, light rain expected in Delhi-NCR today, heatwave conditions to abate

On Wednesday, a dust storm with light to moderate rain is expected in numerous locations in Delhi and the National Capital Region (NCR). The India Meteorogical Department (IMD) stated the city’s maximum and minimum temperatures are predicted to be in the range of 40 and 25, respectively.

The IMD tweeted an advisory that thunderstorms, dust with light to moderate intensity rain and gusty winds with speed of 30-50 km/hr would occur over and adjoining areas of many places of Delhi, North Delhi, North East Delhi, North West Delhi, West Delhi, Central Delhi, East Delhi and NCR (Loni Dehat, Hindon AF station, Ghaziabad, Indirapuram, Chapraula) Sonipat, Rohtak, Kharkhoda (Haryana), Baraut, Bagpat, Meerut, Khekra, Modinagar, Kithor, Garhmukhteshwar, Pilakhua, Hapur, Gulaoti, Siyana, Sikandrabad, Bulandshahr, Jahangirabad (UP).

For the next two hours, light to moderate intermittent rain is expected over and near Adampur, Hissar, Hansi, and Meham (Haryana).

Read Also: Will ensure executive doesn’t turn blind eye: Supreme Court on Manipur violence

On Thursday, May 18, light rain is predicted for in Delhi based on the seven-day prediction for the city. The sky will mainly be cloudy, with the potential of a light  rain or drizzle, according to the weather office.

The air quality will continue to be deteriorated in the city after strong winds with dust swept across the Delhi-NCR on Tuesday. Following this, visibility had reduced to 1000 metres. Kuldeep Srivastava, the head of regional forecasting centre, said the dry atmosphere is one of the reasons for the dust storms.

Following Tuesday’s severe winds and dust storm that blasted across the Delhi-NCR, the city’s air quality had taken an alarming dip.

The monsoons, which are awaited across India, are likely to make landfall in Kerala on June 4. Usually, the monsoon arrives on May 31 or June 1 but the delay will be made up as the phenomenon progresses on its south-west to north-east arc. With extreme temperatures right from a cold sytart to May to dust-laden winds in mid-May, the weather in the country is paying the price for accelerating climate change.

Siddaramaiah to be new Karnataka CM, DK Shivakumar his deputy: Report

Tamil Nadu woman’s near-fatal brush with car-borne chain snatchers | WATCH

Continue Reading

Latest News

Security lapse at Navjot Singh Sidhu’s Patiala home, says it will not deter him from raising his voice against Punjab

After his release from jail, he slammed the ruling Aam Aadmi Party (AAP) government for its law and order in the state.

Published

1 year ago

on

April 17, 2023

By

Navjot Singh Sidhu

Congress leader Navjot Singh Sidhu has filed a complaint with the Punjab Police after he spotted a suspicious person wrapped in a grey blanket on his terrace. He alleged a security lapse at his Patiala home. He couldn’t catch him as he fled after his servant raised an alarm.

Taking to Twitter, Sidhu said, Today on the terrace of his residence an unknown suspicious character wrapped in a grey blanket was noticed around 7:00 pm, the moment his servant went out raised the alarm, and called for help, he immediately ran and escaped.

The 59-year-old further said that he has spoken to DGP Punjab Police and has also informed SSP Patiala. He said the security lapse will not deter him from raising his voice for Punjab.

Read Also: This is Punjab, not India: Girl with tricolour painted on face denied entry into Amritsar’s Golden Temple | WATCH

Punjab Police registered a case in this matter. According to the reports, the Patiala Senior Superintendent of Police Varun Sharma visited his residence after the complaint and is currently investigating the matter. The CCTV footage of the area is also being scanned, reports state.

Cricketer-turned-politician came out of the Patiala Central Jail on April 1 after serving nearly 10 months in a 1988 road rage case. After his release from jail, he slammed the ruling Aam Aadmi Party (AAP) government for its law and order in the state.

He said Democracy is in chains. Punjab is the shield of this country. When dictatorship came in this country, a revolution also came, led by Rahul Gandhi.

Sidhu also slammed the Mann government over the pruning of security of slain singer Sidhu Moosewala and also making it public.

Bengal teachers’ recruitment scam: Supreme Court stays Calcutta HC order on filing cases against CBI, ED officers; relief for Trinamool leader from questioning

Former MLA and BJP leader Neeraja Reddy dies in road accident in Telangana

Continue Reading

Latest News

Air India Delhi-San Francisco flight suffers tech glitch before take-off, returns to stand

The airline has not given any official statement in this matter.

Published

1 year ago

on

April 10, 2023

By

Air India Flight

Air India flight which was en route to San Francisco from Delhi on Monday had to be returned to the stand because of a technical glitch. The San Francisco-bound flight suffered a tech issue before take off.

According to the reports, the aircraft which was carrying over 200 passengers from Delhi’s Indira Gandhi International Airport (IGI) had to be replaced with another aircraft. Later, the passengers were accommodated in another aircraft.

The airline has not given any official statement in this matter.

Read Also: Clashes in Jharkhand’s Jamshedpur after Ram Navami flag desecrated, Section 144 imposed

Earlier today, another Air India incident occurred where a London-bound flight returned to Delhi’s IGI airport after a mid-air brawl between an unruly passenger and the flight’s cabin crew.

A brawl ensued between a passenger and the crew members shortly after it departed from the airport at around 6:35 am. The onboard ruckus forced the plane to turn around and return to Delhi again where the raucous passenger was deboarded and handed over to the police at the airport.

Air India apologized to the passengers on the affected Delhi-London flight for the delay and inconvenience caused to them due to the incident and assured them that efforts will be made to ensure such incidents do not occur in the future.

Clashes in Jharkhand’s Jamshedpur after Ram Navami flag desecrated, Section 144 imposed

Paan shop owner’s daughter cracks Uttar Pradesh civil services exam, appointed Gonda SDM

Continue Reading

Trending

-->

© Copyright 2022 APNLIVE.com