The New Indian Express:
Chennai: Friday, April 19, 2013.
The Madras
High Court has directed its Registrar-General to implead the TN Information
Commission also as a party in the writ proceedings in the event of a challenge
is made to the orders passed by the Commission.
A division
bench comprising Justices Elipe Dharma Rao and M Venugopal gave the direction
while passing orders on a writ petition from the High Court RG challenging the
orders of the TNIC. It would help the court to arrive at a complete and
comprehensive decision, the bench said.
Originally,
KU Rajasekar applied to the Public Information Officer attached to the High
Court seeking certain details with regard to his matrimonial case and the diary
notings. As the PIO did not furnish the same, he took up the matter with the
TNIC, which finally directed the Madras High Court Registrar-General in July
last year to supply copies of all diary notings to Rajasekar free of cost and
file compliance report. Aggrieved, the RG filed the present petition.
The bench
directed the RG to furnish within two weeks all the details as per the Rules of
Appellate Side to Udayakumar on payment of necessary charges. The bench also
held that the direction of the TNIC to the PIO to furnish the records free of cost and report
compliance, as not correct. The applicant should pay the necessary charges as
per the rules.
‘‘This is
because the independence of the judiciary is a basic structure of the
Constitution. In the constitutional scheme of things, the judiciary is free
from the executive and legislature,’’ the bench said.
The bench
said that Clause 37 of the Letters Patent conferred powers on the High Court
from time to time to make rules and orders for regulating all proceedings in
civil cases before the court. Also, the court’s Appellate Side Rules permitted
any party to obtain certified copies. Therefore, it was of the considered view
that the applicant was entitled to receive copies of the diary notings and
other records sought for by him only under those rules.
The applicant
can also avail of the benefit under Rule 4 of the Madras High Court, Right to
Information (Regulation of Fee and Cost) Rules by which information under RTI
Act could be provided to him on payment of necessary charges, the bench added.
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