Never miss a story

Get subscribed to our newsletter


×
Supreme Court of India. Wikimedia commons

New Delhi, August 17, 2016: The five-judge Constitution bench of the Supreme Court will decide whether the apex court is exempted from disclosing information on the appointment of judges and other matters under the Right to Information Act.

The three-judge bench comprising Justice Ranjan Gogoi, Justice Prafulla C Pant, and Justice A M Khanwilkar on Wednesday referred the question to the five-judge bench, saying “A substantial questions of law is involved… which are required to be heard.”


Follow Newsgram on Facebook

The entire issue is rooted in November 24, 2009, order of the Central Information Commission (CIC) upholding RTI activist Subhash Chandra Agrawal’s plea seeking from the apex court complete information, including file notings, relating to the appointment of Justice H L Dattu, Justice A K Ganguly and Justice R M Lodha (since all retired) superseding their then seniors in various high courts.

Referring the matter to the Constitution bench, the three-judge bench reiterated the three questions framed earlier on November 26, 2010, when the issue was first referred to the Constitution bench by then Justice B Sudarshan Reddy and Justice S S Nijjar.

Citing the delay in hearing of the matter, counsel Prashant Bhushan told the bench that an impression was gaining ground that when it comes to others, the Supreme Court directs them, even the poll candidates, to disclose their assets but when it comes to judges, it shies away.

Follow Newsgram on Twitter

As Bhushan pointed to the delay, Justice Gogoi asked him when did this matter last came up for hearing. When Bhushan told the court that it was sometime in the beginning of 2015, Justice Gogoi asked him, then why he did not mention it for an early hearing.

Reminding Bhushan that he was as much and equal partner in the march of transparency, Justice Gogoi said: “Why should anybody be shy of answering a question” referred by a bench of the Supreme Court.

Follow Newsgram on Facebook

Having said this, Justice Gogoi told Bhushan that the matter needed to be heard by the Constitution bench, declining his plea that the issue has already been addressed by the Supreme Court in S P Gupta case.

The bench of Justice B Sudarshan Reddy and Justice S S Nijjar (since both retired) by their November 26, 2010, order had said that the independence of judiciary forms part of the basic structure of the Constitution of India.

The independence of the judiciary and the fundamental right to free speech and expression are of a great value and both of them are required to be balanced, the order had said.

The court then framed three questions to be examined by the Constitution bench that included “Whether the concept of independence of judiciary requires and demands the prohibition of furnishing of the information sought” under the RTI Act.

Follow Newsgram on Twitter

Besides this, another question was “Whether the information sought for amounts to interference in the functioning of the judiciary.”

November 26, 2010, the order had asked the Constitution bench to examine whether the information sought could not be furnished as same would affect the credibility of the decision and come in the way of free and frank expression of honest opinion amongst the constitutional functionaries.

Lastly, the question referred to the Constitution bench was whether the information sought by the RTI activist Agarwal was exempt under Section 8(i)(j) of the Right to Information Act. (IANS)

ALSO READ


Popular

getty pictures

Divorce proceedings

Divorce is a hard fact in someone's life because it can affect all aspects of life like social, economic, and living status. Conditions become tougher if you have children. Recovering from divorce is also a painful process but good thing is that it is possible to get through it and place better in terms of both finances and emotions. The impact of divorce on finances can be life-lasting but taking precautions and thorough investigations of options can help a lot not only to save unnecessary costs but also some other hidden areas where you weren't aware. Following are some tips to save money during a divorce.

1.Avoid advice from everyone

Keep Reading Show less
ryunosuke kikuno/unsplash

Hosting the Olympics is an economic burden on host cities which mainly include construction delays, cost overruns, security issues, and environmental concerns.

By Saish

Gone are those days when people, sports enthusiasts, and governments lined up to host the Olympics. Hosting the Olympics, once seemed to be an immensely prideful event, but it has now transformed into an economic burden. Host cities grapple with a plethora of problems which mainly include construction delays, cost overruns, security issues, and environmental concerns.

Keep Reading Show less
ians

Tokyo Olympics 2020 Indian wrestler Ravi Kumar enter semi finals.

Indian wrestler Ravi Kumar (57kg) and Deepak Punia (86kg) enjoyed fruitful outings at the Tokyo Olympic Games as they secured semifinal berths in their respective weight categories at the Makuhari Messe on Wednesday.

On the opening day of the wrestling competition, Ravi Kumar defeated Bulgaria's Georgi Vangelov 14-4 on technical superiority to reach the last-four in the men's 57kg category, while compatriot Deepak Punia overcame China's Zushen Lin 6-3 on points to advance to the semifinals.

Ravi Kumar will take on Nurislam Sanayev of Kazakhstan in the last-four, while Punia will be up against David Morris Taylor of the USA.

Earlier, Ravi Kumar had won his opening-round bout by technical superiority against Colombia's Oscar Tigreros to secure a quarterfinal spot. Competing in the Round-of-16 bout against the Colombian wrestler, the 23-year-old Ravi Kumar, who is making his Olympic debut, showed no nerves as he dominated the bout to win by technical superiority (13-2).

Ravi Kumar landed attack after attack and went 13-2 up, winning the bout by technical superiority with minutes to spare. In wrestling, building up a 10-point lead over the opponent results in a victory by technical superiority.

India's 86kg freestyle wrestler Deepak Punia showed no signs of the niggle that had forced him to pull out of the Poland Open Ranking Series in Warsaw in June, as he defeated Nigeria's Ekerekeme Agiomor on technical superiority to secure a quarterfinal berth.

He got his Olympic campaign to a fine start as he was in control from the start of the bout and hardly ever allowed his Nigerian opponent any room to maneuver his moves, finally winning with a 12-1 on technical superiority.

Punia, who had also suffered an elbow injury just before the Games, was slow at the start but came into his own as the bout progressed, inflicting takedowns at regular intervals to earn points.

The Indian wrestler eased into a 4-1 lead at the break and extended his lead comfortably in the second period.

Punia, the silver medallist from the 2019 world wrestling championships, then set up a clash with China's Lin Zushen in the quarterfinals and defeated him 6-3.

(IANS/HP)