Justice S Rabindra Bhatt of Delhi High Court deserves full compliments for his bold and historic judgement upholding CIC verdict about Chief Justice of India coming under purview of RTI Act. He has upheld dignity of a fair and independent judiciary at a time when he had to differ even from the Chief Justice of India on interpretation of the transparency Act. RTI Act is a necessity especially for administrative side of judicial system because while executive and legislature are already under scanner of judiciary, judiciary is the only wing of Indian democracy which is accountable to none! Judicial independence must not be allowed to turn as judicial dictatorship by continuing it to be totally unaccountable. Victims created by some wrong elements found place in otherwise a fair judicial system only can realise burnt of misconduct and misdeeds of a handful of unfair judges. Even the then Chief justice of India Justice SP Bharucha confessed about 20-percent judges of higher courts to be corrupt, an aspect endorsed by some other judges of Supreme Court also. Otherwise also, courts can just interpret an Act passed by the Parliament rather than inducing their own view-point on the issue.
Indian RTI Act is amongst the best of such Acts in the world taking sufficient care of both the information-seekers as well as of public-authorities. Misuse of Act is safeguarded adequately through section 8 of RTI Act. Judiciary in itself is equipped with several special powers like contempt etc. However RTI Act does provide an effective tool to check any favoured deeds aimed to be hided under secrecy-cover. For instance, eminent jurists and legal luminaries have continuously been raising voice to make appointment-system in higher judiciary transparent in tune with SC verdict in the matter ‘SP Gupta vs Union of India (1981suppSC87)’. It is to be noted that only recently Justice AK Patnaik who was earlier superseded despite intervention by Prime Minister’s Office, was later elevated as Supreme Court judge after change in collegium. Also complainants filing complaints with Chief Justice against judges do deserve a right to know status of their complaints.
SUBHASH CHANDRA AGRAWAL
(Guinness Record Holder & RTI Activist)
1775 Kucha Lattushah
Dariba, Chandni Chowk
DELHI 110006 ( India )
Mobile 9810033711 Fax 23254036
(Writer is the RTI petitioner on whose petition Supreme Court registry approached Delhi High Court)
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