RTI Court Decision: HC stays State Information panel's orders

[Sajib Nandi]

Reported by Ibnlive.in.com on Jul 31, 2012
HC stays State Information panel's orders, IBN Live News

Chennai, July 31 (PTI): The Madras High Court today stayed two orders of the Tamil Nadu Information Commission directing the Court Registry to furnish information about subordinate judges and the Court's vigilance machinery. Issuing the interim stay of the two TNIC orders on petitions filed by the High Court Registrar General(RG), a Division Bench comprising Justices P Jyothimani and M Duraiswamy issued notice to the applicants. In a petition filed through advocate S Haja Mohideen Gisthi, the RG said following rejection of information sought from the court by one A Venkatesh under the Right to Information Act, the applicant had moved the TNIC which, by an order of March seven last, directed the court's public information officer (PIO) to furnish the information sought within 15 days. Venkatesh had sent a representation under the RTI Act stating that in view of his complaint to the Registrar (Vigilance) of the Court in May 2009 against two district judges,he required copies of depositions of certain witnesses. The RG submitted that the TNIC's order was legally untenable and was contrary to the RTI Act. The commission was also wrong in entertaining the appeal since the applicant had already approached the appellate authority the same day. The RG charged the applicant with wanting to “hinder the administrative functions of the High Court with some ulterior motive.” By another order of January 10, the TNIC had told the High Court to provide information sought by a city resident K Elango, which included the number of subordinate judges in the state, the judiciary in the State and the vigilance department of the High Court. The Registrar-General submitted that the TNIC had failed to consider the fact that the information sought by the applicant clearly infringed the court’s internal administration. PTI GR BN

[Sajib Nandi]

Sponsorer

HC stays info panel direction to open up


Reported by Timesofindia.indiatimes.com on Aug 1, 2012
HC stays info panel direction to open up - The Times of India

CHENNAI: The Madras high court has stayed a state information commission order directing its registry to furnish details such as the vigilance mechanism in the judiciary, complaints against subordinate judicial officers and the fate of those complaints, to an applicant under the RTI Act.

A division bench comprising Justice P Jyothimani and Justice M Duraiswamy granted interim stay on Tuesday, on a writ petition filed by the registrar-general of the high court.

The matter relates to an RTI application filed by K Elango of KK Nagar seeking replies to 10 queries under the RTI Act. Starting from the number of subordinate judges in service in the state, the application sought details of the number of employees in the subordinate judiciary, staff strength of the vigilance department of the high court, style of functioning of the vigilance department, presence of special team to trap corrupt judicial officers and court employees, and the number of corruption complaints received and action taken on them.

After the high court rejected the query, he filed an appeal before the state information commission. On January 10 the commission allowed the appeal and asked the high court to furnish the information sought by Elango within 15 days. Against this order, the registrar-general has filed the present writ petition.

In his petition, the registrar-general submitted that the information commission had failed to realize that the information sought by Elango clearly infringed on the internal administration of the high court, and that the commission was wrong in entertaining the appeal, because the motive of the applicant was to hinder the administrative functions of the high court.

Noting that the information was barred by the provisions of the RTI Act, he said administration of any public authority would come to a standstill if such frivolous applications were entertained. The bench has also issued notice to Venkatesh.

[lissing perme]

Such attitude of higher judiciary is discouraging,what is so secrecy about internal administration of concerned High Court.