Govt may file review petition in SC on Sept 13 CIC judgement

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Govt may file review petition in SC on Sept 13 CIC judgement

Press Trust of India / New Delhi September 26, 2012, 22:35



The government is likely to file a review petition before the Supreme
Court on its September 13 judgement that judges should also be
appointed as members of the Central Information Commission and state
commissions.

Sources in the government said that the review is likely to be filed
following a legal opinion by the Attorney General that the present
system should continue and there was no need to change it at this
moment.

The review petition could be filed in the apex court in the next few
days, the sources added.

Attorney General G E Vahanvati is learnt to have said that more
clarity is required from the Supreme Court on the issue.

Holding that Central and state information commissions perform
quasi-judicial functions, the Supreme Court had on September 13 asked
the government to appoint people from judicial background also as its
members.

A bench of justices A K Patnaik and Swatanter Kumar passed the order
on a PIL challenging section 12 and 15 of the Right to Information
Act, 2005 enumerating the qualifications needed for the appointment of
members to the commissions.

The bench, however, refused to quash the sections but asked the
government to modify it so that people from judicial background are
also preferred for the post.

Currently, none of the eight members of the Central Information
Commission (CIC), including the Chief Information Commissioner are
from judicial background.

The CIC comprises one Chief Information Commissioner and 10
Information Commissioners.