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LATEST NEWS UPDATES | Aruna Roy Moves SC for CIC Verdict's Review

Aruna Roy Moves SC for CIC Verdict's Review

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published Published on Nov 28, 2012   modified Modified on Nov 28, 2012
-Outlook

Former Information Commissioner Shailesh Gandhi and transparency activist Aruna Roy today moved the Supreme Court, seeking a review of its verdict on appointment of people from judiciary in information panels.

They submitted that information commissions are not judicial tribunals and its members are not required to be judicially and legally trained.

"The judgement has the potential of seriously impairing the RTI Act. The commissions are not judicial tribunals as they are not administering justice, but are only providing access to information to make administration transparent. The work being done by them do not require them to be judicially and legally trained, but only expects that they be persons of intelligence, common sense and integrity," they said in an application to the court.

They said the apex court verdict is welcome on aspects of ushering transparency in appointments in info panels but the court should review other part of its order which said only sitting or retired chief justices of high courts or a Supreme Court judge can head the Central and state information commissions.

"It is true that under the present system, there is no transparency in the method of selection and several appointments have been made on arbitrary basis. Also, most of the ICs are from bureaucratic background which is not in line with the true spirit of the Act. Therefore, applicants welcome the directions of the Court in so far as it relates to transparency and filling up of vacancies.

"However, the direction that the Commission should work in benches where one of the Commissioner is a judicial member would create several problems that have the potential of defeating the objective of the Act itself," the application said.

Gandhi was an Information Commissioner with the CIC and Roy a member of the National Advisory Council which had drafted the RTI Act.

After its September 13 verdict, the apex court had agreed to hear review plea filed by the Centre.

In the last hearing, the court had said that its verdict for appointment of people from judicial background in information commissions was not aimed at rehabilitating judges but to make information panels independent of the government's influence.

The apex court in its verdict had held that like other quasi judicial bodies, people from judicial background should be appointed as members of the Central and state information commissions and this should be done after consulting the CJI and chief justices of the respective high courts.

It had directed the government to amend RTI Act for it.

The bench had passed the order on a PIL challenging sections 12 and 15 of the Right to Information Act, 2005 enumerating the qualifications needed for the appointment of members of the commissions.

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

The CIC comprises one Chief Information Commissioner and 10 information commissioners.

Outlook, 27 November, 2012, http://news.outlookindia.com/items.aspx?artid=781983


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