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LATEST NEWS UPDATES | SC asks Delhi HC to stay CIC order by Dhananjay Mahapatra

SC asks Delhi HC to stay CIC order by Dhananjay Mahapatra

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published Published on May 23, 2011   modified Modified on May 23, 2011
The Supreme Court has rushed to the Delhi High Court seeking a stay on the Central Information Commission's May 11 order allowing litigants to raise RTI queries on the logic behind judgments.

How could the Supreme Court provide information under RTI on why a particular order or judgment was passed that went beyond the reasoning and logic given in that order or judgment, the SC asked.

The CIC's bare-all order on an RTI appeal filed by R S Misra directed the SC to answer his queries — why his special leave petition was dismissed and whether in deciding the appeal, the bench followed the principles of natural justice — by June 5.

Terming the CIC order as beyond law and jurisdiction under RTI Act, the SC in its appeal through advocate Devadatt Kamat pleaded before the HC that "this would mean a litigant could redress his grievance against dismissal of SLP through RTI".

The SC's petition, settled by attorney general G E Vahanvati, is listed for hearing in the Delhi HC on Monday before Justice S Muralidhar.

The CIC's May 11 order went against the commission's consistent view since 2007 that access to information on the judicial side could be obtained only through the mechanism of Supreme Court Rules, the SC said.

"The Supreme Court Rules have been framed under a mandate in Article 124-127 of the Constitution and as such, RTI Act cannot in any manner overrule the Supreme Court Rules," it said.

"The CIC failed to appreciate that an RTI applicant cannot seek reason on why a particular order is passed and the Central Public Information Officer (CPIO) of the SC cannot give information about reason for dismissal over and above what is already stated in the order of the judge," the apex court said.

The fallout of the CIC's order would be enormous, the SC said. "Can RTI be made a tool to seek copy or information about confidential reports sought by Supreme Court benches from investigating agencies and governments on sensitive issues," the SC asked.

The CIC's order could result in huge revenue loss for the apex court. "If people can get copies through RTI, it will also have revenue implications as court fees are fixed for getting certified copies of documents or records," it said.

The Times of India, 23 May, 2011, http://timesofindia.indiatimes.com/india/SC-asks-Delhi-HC-to-stay-CIC-order/articleshow/8519913.cms


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