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SC dares govt to bar judges from posts

-The Telegraph

The Supreme Court today dared the Centre to enact a law to prohibit retired judges or bureaucrats from taking up post-retirement positions in commissions or other government undertakings.

A bench of Justices A.K. Patnaik and Swatanter Kumar threw down the gauntlet when additional solicitor-general A.S. Chandiok suggested “there should be no post-retirement employment”.

The law officer also asked the court to review its September 12 judgment that only sitting or retired chief justices of high courts or retired Supreme Court judges could head the central and state information commissions.

“You make the law and then say that people who have retired as government officials or judges should not be re-appointed,” the bench said.

The apex court, though, issued a notice to the respondent, Nandita Sharma, on the Centre’s review petition.

“You find that chief commissioners are persons who have been in the good books of the government…. They must act independently. If the Right to Information Act is to be really given effect to, it must be headed by a person who is an independent authority,” the bench said.

“The idea is not to rehabilitate high court or Supreme Court judges. It is only to ensure independence of the post. It (RTI) is a social act. The person must have legal knowledge. He need not be a judge. We have said he can even be an advocate. The top man must be independent,” the bench said, posting the matter to November 29 for further hearing.

On November 20, the bench had agreed to take up the government’s review petition in an open court, marking a departure from the convention of deciding such petitions only inside judges’ chambers where no counsel are permitted to be present.

Since the hearing is being held in an open court, advocates can advance fresh arguments on the controversial judgement.

The judgment had drawn flak on the ground that the court went beyond its jurisdiction.