New Delhi: The Supreme Court has refused to
disclose details regarding the decision on elevating Karnataka
High Court Chief Justice P D Dinakaran to the apex court,
which has since been stalled following allegations of land
grab against him.
"I write to inform you that the information sough by you
is confidential and is exempted under section 8(1)(e) of the
Right to Information Act, 2005, you have no right to access
the said information under section 2 (j) of the Right to
Information Act, 2005," Additional Registrar Raj Pal Arora
said in a reply to an RTI application seeking details and file
notings of the decision to elevate Dinakaran to Supreme Court.
Section 8 1 (e) of the RTI act exempts from disclosure
the information under fiduciary capacity and Section 8 (1)
(j), exempts personal information from disclosure.
RTI activist Subhash Agrawal had also sought to know
whether the Chief Justice of India had consulted his
colleagues "conversant with the matters of a High Court", as
recommended by a nine-member bench of the apex court in 1993
on the appointment process, while recommending name of
Dinakaran.
The bench had said, "In matters relating to appointments
in the High Courts, the Chief Justice of India is expected to
take into account the views of his colleagues in the Supreme
Court who are likely to be conversant with the affairs of the
concerned High Court".
The RTI reply said "you are also informed...the Supreme
Court...has stayed the directions of the Central Information
Commission for disclosing the information relating to the
appointment of judges and the said matter is still pending".
"Further, as the information is not held by or under the
control of the Central Public Information Officer, Supreme
Court of India, your request cannot be acceded to under the
Right to Information Act, 2005," it said.
Agrawal had asked whether Justice Markandey Katju,
Justice S Sirpurkar and Justice A K Ganguly were consulted by
the Chief Justice of India while recommending the name of
Dinakaran for his elevation to Supreme Court.
PTI
First Published: Tuesday, March 02, 2010, 16:09