Jagran
Post: New Delhi: Saturday, November 10, 2012.
No counsel
was present to defend government's position on the first day of hearing before
Supreme Court in a crucial case related to appointment of Information
Commissioners as the Ministry concerned was informed late.
File notings,
related to handling of Namit Sharma Vs Union of India case, the orders in which
created the risk of bringing the working of Information Commissions at central
and state levels to a standstill, show that matter was brought to the notice of
the ministry concerned only after first day's hearing was concluded on July 18.
The notings show
that the writ petition dated July 11 was brought to the notice of nodal
ministry--Ministry of Personnel, Public Grievances and Pensions--on July 18
after the hearing of the first day was over.
The file
notings, which were revealed in response to an RTI application, show Secretary
Personnel had sought explanation from the sub-ordinate officials on the issue,
"How can case reach judgement stage without hearing 'GOI'?" and
"Please discuss. Why were we kept in dark?" on different occasions.
"As DOPT
was not informed of the hearing, there was no Government counsel to defend the
case on July 18, 2012 and the court ordered that which, Government Counsel was
present in the court to appear on behalf of the Government," Director
Anuradha S Chagti had responded.
Chagti
explained that a lawyer had called her on July 18 around 5 PM over phone to
inform that writ petition had been filed on July 11 and was listed for
arguments the next day and requested them to collect it.