New Delhi, Jan 24: In the backdrop of a legal tussle over disclosure of assets by judges, the head of a Parliamentary panel has hinted that the apex court registry's move to challenge in High Court a CIC order on the issue may have a serious impact on the Right to Information Act.
"The RTI Act is the second independence movement for
the people in practising democracy. Hence, the Supreme Court
registry may use its wisdom to save the RTI Act by not
pressing the writ petition before the High Court," E M S
Natchiappan, chairman of the Standing Committee on Personnel,
Public Grievance and Law and Justice that deals with
implementation of RTI told reporters today.
"The RTI Act is like a small baby, we all have to
preserve the baby," he said, favouring a rethink on
pursuing the matter in the HC.
The High Court had on January 19 stayed an order
passed by the Central Information Commission asking the
Supreme Court's information officer to give information to an
RTI applicant on whether judges of the apex court have
declared their assets to the CJI.
On a petition filed by the information officer of
Supreme Court challenging the January 6 order passed by CIC,
Justice S Ravindra Bhat fixed February 12 as the next date of
hearing of the matter.
Noted jurist Fali S Nariman who was asked to assist
the court as amicus curiae (friend of court) refused to take
up the responsibility.
In the petition, the Supreme Court said that
information relating to declaration of assets by the apex
court judges to the CJI was not a mandatory exercise under the
law.
Objecting to the CIC order, the petitioner said the
order is excessive and without jurisdiction and the appeal
made distinction between the apex court as an institution and
the office of the CJI.
"Neither is the office of CJI a public authority nor
does the information relating to judges' assets come in the
public domain," the Supreme Court said.
The apex court supplied a copy of May 1997 resolution
to the CIC and the registry said that there is nothing under
the Constitution or any law which required the judges to
declare their assets to CJI.
Filing an application under RTI Act, Subhash Chandra
Aggarwal sought an information as to whether the apex court
judges comply with the 1997 resolution and declare their
assets to CJI.
In the application he also sought to know whether the
judges of High Courts disclose their assets to their
respective Chief Justices.
Bureau Report
First Published: Saturday, January 24, 2009, 00:00