Thursday, November 12, 2009

Information not at the cost of judiciary's independence: Apex court

The Supreme Court Thursday contended that information which is within the control of a public authority should be given under the Right To Information (RTI) act but, at the same time, the consideration of independence of judiciary should be kept in mind.
Arguing before a three judge bench of the Delhi High Court comprising Chief Justice Ajit Prakash Shah, Justice S. Muralidhar and Justice Vikramjit Sen, Attorney General G.E. Vahanvati said: “Public right to know is fine but on the same hand, it should also be seen that such rights are not infringing on the independence of the judiciary.” The court was hearing an appeal filed by the Supreme Court challenging the Delhi High Court’s single bench order that states that office of the Chief Justice of India (CJI) comes within the ambit of RTI act. “RTI and information are two different things and should not be mixed. In fact, there is a twin test as one is information held by a public authority and the other is information under the control of public authority,” Vahanvati said.

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