SC challenges HC verdict bringing CJI office under RTI
Moneylife Digital Team 08 March 2010

The petition, though drafted more than a month ago, was filed today by advocate Devdutt Kamat on behalf of the apex court registry and the case would be argued by Attorney General GE Vahanvati

The Supreme Court (SC) on Monday filed an appeal before itself challenging the judgement of the Delhi High Court holding that the office of the Chief Justice of India (CJI) came under the ambit of the Right to Information (RTI) Act and was liable to reveal information under it, reports PTI.

The petition, which has been filed after CJI KG Balakrishnan had consultations with his fellow judges, raised the point that information held by the CJI is sensitive in nature and its revelation would hamper the judiciary's independence.

The petition, though drafted more than a month ago, was filed today by advocate Devdutt Kamat on behalf of the apex court registry and the case would be argued by Attorney General GE Vahanvati.

The apex court will be seeking an immediate stay on the High Court ruling, otherwise it would be under obligation to reveal information under the RTI Act.

In a path-breaking verdict, the Delhi High Court had on 12th January held that the office of the Chief Justice of India comes under the purview of the RTI Act and rejected a Supreme Court appeal, saying that judicial independence is not a judge's personal privilege but a responsibility cast upon him.

The verdict was being seen as a setback to Mr Balakrishnan, who has consistently been maintaining that his office does not come under the transparency law and hence cannot part with information like disclosure of judges' assets under the RTI Act.

 

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