WHO WILL ADJUDICATE THE JUSTICE?
Delhi High Court stayed the order of CIC on 4th March, 2009, in which the CIC had asked the govt to disclose all the concerned papers related to the appointment of Chief Justice of Himachal Pradesh High Court and make these papers available to the petitioner. The CIC had passed this order on January 19th this year and asked the central govt to disclose all the correspondence including the noting on that file which was returned by the then President APJ Abdul Kalam regarding the appointment of Jagdish Balla as the Chief Justice of Himachal Pradesh High Court in 2006.
It was only after the return of the concerned file by the then President, the matter came in controversy and the news of Bhalla's alleged involvement in some misconduct during his tenure as judge in Allahabad HC could came in public domain.
The order of the CIC in this regard was of much embarassement for the govt and the Central govt was quick to file an appeal before the HC at Delhi. This stayal is seen as a major relief for the govt but at the same time it is another jolt for the CIC as well as the activists who are fighting against secrecy and confidentiality in the establishement.
Technically speaking, there is no provision of an appeal against the order of the CIC and it is final as per section 19(7) of the RTI Act,2005. The aggrieved party may however, file Writs in HCs or SC as enshrined in the Constitution, on the grounds of infringement of Fundamental Rights. It is being observed, and idea is being formed in the public at large, that in many cases the govt or the public authorities file an appeal before the HC or SC and in most of such cases, the order of the Information commissions are stayed. Many activists fighting for free flow of information raise serious apprehensions on the motive of the govt vis-a-vis transparency and claim that the govt hides the information and thereby nip the growth of right to freedom of free flow of information in the public domain.
Section 9 of the said Act provides for exemptions from disclosure and schedule 2 of the Act enlists 18 organisations which are entitled to exemptions. When two years back the govt sought to ammend this law to bring more exemptions into it, was vehemently opposed by the activists. The media criticised bitterely and govt bowed down and subsequently this proposal was withdrawn.
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