Much like the tsunami waves that devastated many coastal areas five years ago, the closing weeks of 2009 saw an ill wind sweeping across many of our democratic institutions, highlighting that beneath the veneer of the nation’s aspirations towards great power status was a crumbling institutional core. To look at the fourth estate first. The preface to the Press Council of India’s “Norms of Journalistic Conduct” has a section that...
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RTI Act being used to dislodge CIC himself
Ironically, the Right to Information (RTI) Act is being used to unseat Chief Information Commissioner (CIC) Wajahat Habibullah himself. Using documents got using the Act, Mumbai-based RTI activist Girish Mittal on Monday served a legal notice on the Prime Minister's Office (PMO) and the Ministry of Personnel & Grievances (DoPT) saying that Habibullah, whose resignation is still hanging fire, is being accorded preferential treatment and that he should be relieved...
More »Can’t use RTI to question judge’s verdict: SC by Krishnadas Rajagopal
The Supreme Court on Monday said the Right to Information Act would not be used to question the intention of a judge for giving a particular verdict. A judge need not furnish reasons under the RTI on why he chose to give this verdict and not another, noted a Division Bench headed by Chief Justice of India K G Balakrishnan. “He (a judge) cannot go on explaining his judgments. The...
More »“RTI Act can’t question judicial order”
The Supreme Court on Monday held that the Right to Information Act cannot be used by a litigant to question the basis or correctness of a judicial order. A Bench of Chief Justice K.G. Balakrishnan and Justice B.S. Chauhan dismissed a special leave petition filed by a litigant Khanapuram Gandaiah against a judgment of the Andhra Pradesh High Court rejecting the plea for giving reasons for the judicial order under...
More »SC: RTI Act doesn't apply to judgments by Dhananjay Mahapatra
Can a judge be asked under the Right to Information (RTI) Act as to why and how he came to a particular conclusion in a judgment? No, says the Supreme Court. The apex court saw the mischief potential of queries under the RTI Act in relation to a judge and his judgments and a Bench comprising Chief Justice K G Balakrishnan and Justice B S Chauhan firmly said that a...
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