There are few recent HC judgments that eroded people's right to information in
the guise of protecting the judicial independence. Thus this issue is
applicable only for court records (i.e the existence of alternate procedure)
These are the judgments:
The Registrar General vs K.U.Rajasekar on 17 April, 2013 - W.P.No: 20485 of 2012
The Registrar General vs A.Kanagaraj on 14 June, 2013 - W.P.No.28202 of 2012
The Registrar General vs R.M.Subramanian on 14 June, 2013 - W.P.No: 28643 of 2012
The gist of these judgments, partly influenced by third party access, is this:
"the independence of judiciary is a basic structure of the Constitution of India and also that in the Constitutional scheme of things judiciary is free from executive and legislature, in the considered opinion of this Court."
Now, I am not sure how far this is valid. Sure if a specific court decides to keep things secret in public spirit and interest but can it be said that everything that court transacts should be left to the court to decide whether to share it with public or not?
Further, how is sharing of information with the public, after all the people are supreme for whom the constitution is meant to serve!, will erode or jeopardize the independence of the Judiciary?
If the judiciary has provided a similar right to citizens as that of the RTI Act then perhaps a case can be made but it does not make sense that judicial records should be kept above the people. I wish this was challenged at the Supreme Court.... Further, their own (Mad HC) RTI Rules states one needs to pay Rs.100/- for getting judgments/statements/reports etc. What does that mean?
These are the judgments:
The Registrar General vs K.U.Rajasekar on 17 April, 2013 - W.P.No: 20485 of 2012
The Registrar General vs A.Kanagaraj on 14 June, 2013 - W.P.No.28202 of 2012
The Registrar General vs R.M.Subramanian on 14 June, 2013 - W.P.No: 28643 of 2012
The gist of these judgments, partly influenced by third party access, is this:
"the independence of judiciary is a basic structure of the Constitution of India and also that in the Constitutional scheme of things judiciary is free from executive and legislature, in the considered opinion of this Court."
Now, I am not sure how far this is valid. Sure if a specific court decides to keep things secret in public spirit and interest but can it be said that everything that court transacts should be left to the court to decide whether to share it with public or not?
Further, how is sharing of information with the public, after all the people are supreme for whom the constitution is meant to serve!, will erode or jeopardize the independence of the Judiciary?
If the judiciary has provided a similar right to citizens as that of the RTI Act then perhaps a case can be made but it does not make sense that judicial records should be kept above the people. I wish this was challenged at the Supreme Court.... Further, their own (Mad HC) RTI Rules states one needs to pay Rs.100/- for getting judgments/statements/reports etc. What does that mean?
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