Deccan Herald :SC moved for review of verdict seeking judges on RTI panels

http://www.deccanherald.com/content/284677/sc-moved-review-verdict-seeking.html

Thursday 11 October 2012
News updated at 10:15 PM IST

SC moved for review of verdict seeking judges on RTI panels
New Delhi, Oct 11, 2012 (IANS)

The central government Thursday moved the Supreme Court seeking the
review of its verdict directing amendment of the RTI Act for the
appointment of judges, serving or retired, and people with judicial
background on the central and state information panels.

The government, in its review petition, contended that the court could
not have directed it or parliament to amend the Right to Information
(RTI) Act making way for the appointment of retired or sitting judges
or people with judicial background on the Information panels.

The petition said that the apex court judgment runs contrary to the RTI act.
The Sep 13 judgment had said: "There is an absolute necessity for the
legislature to reword or amend the provisions of Section 12(5), 12(6)
and 15(5), 15(6) of the Act. We observe and hope that these provisions
would be amended at the earliest by the legislature to avoid any
ambiguity or impracticability and to make it in consonance with the
constitutional mandates."

Having directed the RTI act's amendment, the judgment said: "We are of
the considered view that the competent authority should prefer a
person who is or has been a Judge of the High Court for appointment as
Information Commissioners. Chief Information Commissioner at the
Centre or State level shall only be a person who is or has been a
Chief Justice of the High Court or a Judge of the Supreme Court of
India."

The judgment, pronounced by a bench of Justice A.K. Patnaik and
Justice Swatanter Kumar, held that the Central and State Information
Commissions perform quasi-judicial functions thus they should be
headed and manned by retired judges or people with judicial
background.

"We are of the considered view that it is an unquestionable
proposition of law that the Commission is a 'judicial tribunal'
performing functions of 'judicial' as well as 'quasi-judicial' nature
and having the trappings of a Court," they said.

Holding that the Commission was a judicial forum, the court said: "It
is an important cog and is part of the court attached system of
administration of justice, unlike a ministerial tribunal which is more
influenced and controlled and performs functions akin to the machinery
of administration."

The court had said that it would render the adjudicatory process which
involves critical legal questions and nuances of law, more adherent to
justice and shall enhance the public confidence in the working of the
Commission.

--
- Urvashi Sharma
Right to Information Helpline 8081898081
Helpline Against Corruption 9455553838
http://yaishwaryaj-seva-sansthan.hpage.co.in/