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LATEST NEWS UPDATES | CJI’s remark to adversely affect RTI drive: CIC

CJI’s remark to adversely affect RTI drive: CIC

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published Published on Apr 19, 2012   modified Modified on Apr 19, 2012
-The Times of India

Days after Chief Justice of India S H Kapadia said that irrelevant RTI queries were impeding the working of judges in courts, Central Information Commission said the remarks would have a significant negative impact on RTI.

Information commissioner Shailesh Gandhi, in a letter to the CJI, said that his comments could "dampen the RTI journey of India".

Gandhi admitted that RTI was being used in a trivial manner in certain cases but he argued that it was also possible to show that progressive laws like dowry act and atrocities act were being used in a "trivial manner or to harass innocent people".

He added, "It is also true that most public authorities including information commissions and courts have not fulfilled the promise of Section 4 of the RTI Act consequent to which they are then complaining about increasing RTI requests,'' he said. Section 4 provides for public authorities to proactively disclose information that could be of public interest.

Batting strongly for the RTI Act, the information commissioner said the legislation was beginning to make a small difference in the "power equation between citizens and the government''.

"Most of us are aware that the average citizen's interactions with government are usually humiliating and annoying for citizens. Most delivery systems are failing badly in terms of delivering services to citizens. In this scenario RTI is showing hope of bringing correction, and perhaps has a potential of making our nation a true democracy which recognizes sovereignty of the Indian citizen,'' he added.

The letter comes on the back of comments made by CJI in court recently. When a bench of the CJI and Justices D K Jain, S S Nijjar, R P Desai and J S Khehar was deliberating on reporting guidelines of sub-judice matters, Justice Kapadia said, "In RTI matters, since I took over as CJI, I have given answers to all questions except very few things. But the kind of questions and their number is also exceeding the limit."

He had given samples of the irrelevant questions that were being put to the judges, taking away their precious time which could have been utilized in studying petitions and case material. "Why did you attend Nani Palkhivala Lecture? What time did you leave? Did you eat lunch or had tea? Which lawyer invited you for the function? We are working hard but we are not being able to concentrate many a times because these kinds of questions," the CJI said.

"Are these questions relevant for press? It is all going beyond all limits. The RTI Act is a good law but there has to a limit to it," he added.

The Times of India, 19 April, 2012, http://timesofindia.indiatimes.com/india/CJIs-remark-to-adversely-affect-RTI-drive-CIC/articleshow/12724415.cms


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