Zee
News: New Delhi: Monday, 24 November 2014.
The Central Information Commission has directed the
Law Ministry to disclose the action taken on a request to probe former Chief
Justice of India KG Balakrishnan for alleged misconduct, saying correspondence
between the Executive about a former CJI is not privileged correspondence.
Information Commissioner Sridhar Acharyulu said that
even if it is assumed for a moment that the information regarding 'action
taken' on a request for probe against a former CJI is privileged, such
'privilege' is not expressly provided as a ground for rejection of a request
for information under Section 8(1) of the Right to Information Act.
The case pertains to a request by RTI activist Subhash
Agrawal for a probe against Balakrishnan for alleged misconduct while he was
the CJI through the public grievance portal of the government.
Through his RTI application, Agrawal had sought copies
of correspondence, file notings, documents, etc. On action taken on his
submission regarding the probe.
The information was not provided by the ministry.
But Acharyulu held that, "the information sought
has nothing?to do with the privilege of Parliament or state legislature.
"The correspondence between Executive about a
former CJI is not privileged correspondence as per any provision of RTI Act or
Constitution of India. It is not information given in fiduciary capacity."
He said that even if any disclosure of such information
about probe against a former CJI would cause harm to 'protected interest',
Section 8(2) of the RTI Act allows disclosure of the same if the larger public
interest is involved.