The government, in its review petition, only contended [as per report of Decan Herald] that the court could not have directed it or parliament to amend the Right to Information (RTI) Act making way for the appointment of retired or sitting judges or people with judicial background on the Information panels.
It means that Government is privy to the amendments to Section 12/14/15/17 of the RTI Act 2005. It is worth watching as to how far SC give relief to Government. However, as per press reports, in an another WP on 23 September 2012, GoI had indicated that government is considering 232nd report of the Law Commission to fix the age of to years as retirement date of various members of the Tribulans, Commissions, forums, Councils etc.
Lets see how far this Ping-Pong [give and take game] goes!!!
--
GREETINGS AND WARM REGARDS
Surendera M. Bhanot
- Coordinator, RTIFED, Punjab Chandigarh
On Thu, Oct 11, 2012 at 11:12 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
Since the Central Govt has gone for REVIEW of the said Judgment
which may be taken by the same bench, it means that they are
ALSO conceding that Judges be appointed but they want to DELAY
it as long as possible..
On 10/11/12, urvashi sharma <rtimahilamanchup@gmail.com> wrote:
> http://www.deccanherald.com/content/284677/sc-moved-review-verdict-seeking.html
>
> Thursday 11 October 2012
> News updated at 10:15 PM IST
>
> SC moved for review of verdict seeking judges on RTI panels
> New Delhi, Oct 11, 2012 (IANS)
>
> The central government Thursday moved the Supreme Court seeking the
> review of its verdict directing amendment of the RTI Act for the
> appointment of judges, serving or retired, and people with judicial
> background on the central and state information panels.
>
> The government, in its review petition, contended that the court could
> not have directed it or parliament to amend the Right to Information
> (RTI) Act making way for the appointment of retired or sitting judges
> or people with judicial background on the Information panels.
>
> The petition said that the apex court judgment runs contrary to the RTI
> act.
> The Sep 13 judgment had said: "There is an absolute necessity for the
> legislature to reword or amend the provisions of Section 12(5), 12(6)
> and 15(5), 15(6) of the Act. We observe and hope that these provisions
> would be amended at the earliest by the legislature to avoid any
> ambiguity or impracticability and to make it in consonance with the
> constitutional mandates."
>
> Having directed the RTI act's amendment, the judgment said: "We are of
> the considered view that the competent authority should prefer a
> person who is or has been a Judge of the High Court for appointment as
> Information Commissioners. Chief Information Commissioner at the
> Centre or State level shall only be a person who is or has been a
> Chief Justice of the High Court or a Judge of the Supreme Court of
> India."
>
> The judgment, pronounced by a bench of Justice A.K. Patnaik and
> Justice Swatanter Kumar, held that the Central and State Information
> Commissions perform quasi-judicial functions thus they should be
> headed and manned by retired judges or people with judicial
> background.
>
> "We are of the considered view that it is an unquestionable
> proposition of law that the Commission is a 'judicial tribunal'
> performing functions of 'judicial' as well as 'quasi-judicial' nature
> and having the trappings of a Court," they said.
>
> Holding that the Commission was a judicial forum, the court said: "It
> is an important cog and is part of the court attached system of
> administration of justice, unlike a ministerial tribunal which is more
> influenced and controlled and performs functions akin to the machinery
> of administration."
>
> The court had said that it would render the adjudicatory process which
> involves critical legal questions and nuances of law, more adherent to
> justice and shall enhance the public confidence in the working of the
> Commission.
>
> --
> - Urvashi Sharma
> Right to Information Helpline 8081898081
> Helpline Against Corruption 9455553838
> http://yaishwaryaj-seva-sansthan.hpage.co.in/
>
GREETINGS AND WARM REGARDS
Surendera M. Bhanot
- Coordinator, RTIFED, Punjab Chandigarh
- President, RTI Help & Assistance Forum Chandigarh
- Life Member, Chandigarh Consumers Association
- Youth for Human Rights International - YHRI - South Asia
- Jt. Secretary, Amateur Judo Association of Chandigarh
- Member, SPACE - Society for Promotion and Conservation of Environment, Chandigarh
No. 3758, Sector 22-D, Chandigarh-160022
Mob: 919-888-810-811
PHONE: 91-172-5000970
FAX: 91-172-5000970
Mail Me
- Youth for Human Rights International - YHRI - South Asia
- Jt. Secretary, Amateur Judo Association of Chandigarh
- Member, SPACE - Society for Promotion and Conservation of Environment, Chandigarh
No. 3758, Sector 22-D, Chandigarh-160022
Mob: 919-888-810-811
PHONE: 91-172-5000970
FAX: 91-172-5000970
Mail Me
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