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Demand
for details on judges goes to constitutional bench
Friday November 26, 2010 10:01:41 PM,
IANS
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New Delhi:
The Supreme Court Friday referred to the constitution bench
whether details including file notings and correspondence in
pursuance to the appointment of judges to higher judiciary could
be accessed under the Right to Information Act.
"We are of the considered opinion that a substantial question of
law as to the interpretation of the constitution is involved in
the present case which is required to be heard by the constitution
bench," said the apex court bench of Justice B. Sudarshan Reddy
and Justice S.S. Nijjar.
Justice Reddy said the case raises the question relating to the
position of the "Chief Justice of India under the constitution and
the independence of the judiciary in the scheme of the
constitution on the one hand and on the other fundamental right to
freedom of speech and expression".
The judgment said: "Right to information is an integral part of
the fundamental rights of freedom of speech and expression
guaranteed by the constitution. The Right to Information Act
merely recognizes the constitutional right of the citizens to
freedom of speech and expression."
The independence of judiciary forms part of the basic structure of
the constitution. The independence of judiciary and the
fundamental right to free speech and expression are of great value
and both are required to be balanced, the judgment read.
Framing the question for consideration of the constitution bench,
the judges asked if the concept of independence of judiciary
required the prohibition of furnishing of the information sought?
Whether information sought amounts to interference in the
functioning of the judiciary?
The case relates to the impugned order of Nov 24, 2009 of the
Central Information Commission (CIC) whereby the CIC directed the
Central Public Information Officer of the Supreme Court to furnish
to Subhash Agarwal information sought by him on the appointment of
judges H.L. Dattu, A.K. Ganguly and R.M. Lodha as judges of the
apex court.
The three judges, it was said, were appointed by superseding
Justice P. Shah, Justice A.K. Patnaik, and Justice V.K. Gupta. It
is said the Prime Minister's Office had allegedly objected to such
suppression.
Agarwal had sought the copy of the complete file including the
copies of complete correspondence exchanged between concerned
constitutional authorities with file noting relating to the
appointment of Justice Dattu, Justice Patnaik and Justice Lodha.
The Central Public Information Officer of the Supreme Court moved
the apex court, challenging the said order of the CIC.
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