Bar & Bench: New Delhi: Thursday, May 24, 2018.
Prime
Minister Narendra Modi’s degree case took a new turn yesterday with three RTI
activists Anjali Bhardwaj, Nikhil Dey and Amrita Johri filing an intervention
application to assist the court in determining the importance of right to
information in such cases.
The
University of Delhi had approached the Delhi High Court against the 2016 order
of the Central Information Commission which had allowed inspection of Delhi
University’s 1978 BA degree records.
The varsity
challenged the order on the ground that it violated the RTI Act’s provision
pertaining to privacy [Section 8(1)(j)] and that it is in possession of the
information being sought in a fiduciary capacity under section 8(1)(e) of the
Act.
The
intervention application by the RTI activists asks the Court to dismiss the
petition as it has been filed on an incorrect premise. The application states
that the varsity has misrepresented the provisions of the Right to Information
Act and the factual position of law.
It was also
argued by the Activists that,
“The
applicants would also like to bring to the attention of this Hon’ble Court the
critical importance of the right to access the information under question in
larger public interest and in tackling large-scale fraud, and corruption in
terms of fake degrees or misrepresenting information about one’s academic
qualifications.”
CIC in its
order had allowed to facilitate the inspection of relevant register where
complete information about result of all students, who have passed in Bachelor
of Arts (B.A.), in the year 1978 along with roll number, names of students,
father’s name and marks obtained is available and provide certified copy of the
extract of pages from the register under the Right to Information Act 2005.
Appearing for
the University, ASG Tushar Mehta opposed the intervention application and
stated that the activists were only intervening to gain publicity. The Single
Judge Bench of Justice Rajiv Shakdher listed the matter for further hearing on
August 23.