RTI's applicability to CJI's office: SC to pronounce verdict on Nov 13

Supreme Court on Wednesday will prounce verdict on wher or t office of Chief Justice of India (CJI) comes under ambit of Right to Information (RTI) Act. Earlier, High Court in its order h declared CJI's office a "public authority" and said that it should come under RTI Act. 

order will be passed by a five-judge Constitution bench of Chief Justice Ranjan Gogoi, Justices NV Ramana, DY Chandrachud, Deepak Gupta and Sanjiv Khanna on a petition filed by a Supreme Court Secretary-General challenging January 2010 judgment of Delhi High Court. 

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bench h reserved order on April 4. Chief Justice Gogoi h earlier observed that in name of transparency, one cant destroy institution. Bench, heed by Chief Justice, h wrapped up hearing, saying body wants a “system of opaqueness”, but judiciary cant be destroyed in name of transparency. “body wants to remain in state of darkness or keep anybody in state of darkness,” it h said. “ question is drawing a line. In name of transparency, you can’t destroy institution.”

In vember 2007, an RTI activist Subhash Chandra Aggarwal h filed an RTI in Supreme Court seeking information on judges' assets but information was denied. Aggarwal n approached Central Information Commission (CIC) which asked apex court to disclose information on ground that Chief Justice of India's office comes within ambit of Act. In January 2009, a plea was moved in Delhi High Court against CIC order but same was upheld.

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Delhi High Court's order

In a landmark verdict on January 10, 2010, Delhi High Court h held that office of Chief Justice of India comes within ambit of Right to Information (RTI) law, saying judicial independence was t a judge’s privilege, but a responsibility cast upon him.

88-p judgment was n seen as a personal setback to n CJI, K.G. Balakrishnan, who has been opposed to disclosure of information relating to judges under RTI Act. High Court verdict was delivered by a three-judge bench comprising Chief Justice A.P. Shah (since retired) and Justices Vikramjit Sen and S. Muralidhar. bench h dismissed a plea of Supreme Court that contended bringing CJI’s office within RTI Act would “hamper” judicial independence.

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(With ncy inputs)