Five-member Constitution Bench headed by Chief Justice Ranjan Gogoi on 13.11.2019 gave a land-mark verdict dismissing appeal by its own CPIO thus holding office of Chief Justice of India under RTI Act, thus adding yet other mile-stone in an era requiring transparency. Verdict coupled with another recent Supreme Court verdict dated 17.09.2019 declaring DAV College Trust and Management Society public-authority under RTI Act because of substantial government-funding, will have far reaching positive implications where it has set an example for bodies resisting to be under purview of RTI Act by challenging CIC-verdicts declaring them as public-authorities in the courts also succeeding to get easy stay-orders.
Apex Court in other two cases has also delivered verdict totally in frame-work of RTI Act directing its CPIO to re-examine the matter keeping in view of section 11 of RTI Act regarding third-party information. However it would have been better if in addition to laying down procedures, final decision could be there on correspondence sought between a judge of Madras High Court writing to the then CJI alleging influence by a Union Minister. Final decision on the matter would have benefitted independence of judiciary to have a check on those in legislature trying to influence judiciary. Clarity is required about third-parties concerned in the Collegium matter weather these will be members of collegium or those named in collegium-proceedings.
SUBHASH CHANDRA AGRAWAL