Constitutional posts don't come under RTI ambit: Centre to HC

The Centre has said constitutional functionaries do not come within the ambit of RTI Act and that Information Commission cannot direct the government to reveal information pertaining to their functioning. "President, Chief Justice and other constitutional functionaries are beyond the jurisdiction of the authorities under the Right to Information Act," Additional Solicitor General P P Malhotra contended before the Delhi High Court. The Centre made the submission, while challenging the Central Information Commission's order directing it to place the file relating to transfer of High Court Judges before the Commission. "These are constitutional functionaries and their functioning is not open for disclosure under the Right to Information Act," Malhotra said, while pleading to stay the order. Justice Rekha Sharma, after hearing the contention of the Government, stayed the order and asked the information seeker who had approached the CIC to file her response by 26th August when the matter would be taken up for further hearing. Shruti Singh Chauhan, a Delhi resident, had filed an RTI application seeking details from the government on the basis of which High Court judges are being transfered. The Ministry of Law and Justice, however, declined his application saying that these informations cannot be revealed to the general public. Chauhan, then approached the CIC which directed the government to place the relevant records before it in order to decide whether the information could be revealed or not. The Centre then approached the High Court challenging the Commission's order. While referring to previous Supreme Court judgements, the Centre contended that the issue of transfer of a judge can be challenged only by the concerned judge. "This is necessary in order to prevent any transferred judge being exposed to any litigation involving him except when he chooses to resort to it himself," the Centre said in its petition.

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