Economic
Times: New Delhi: Wednesday, 25 November 2015.
A committee
headed by a retired senior judge of Punjab and Haryana HC has said that the high
court is not the competent authority to frame rules under the Right to Information
Act for the subordinate judiciary.
The committee
disapproved of a new rule framed under the RTI Act by the Punjab and Haryana
HC, at a meeting held in March last year that was attended by all judges. The
rule insulated the subordinate judiciary of Punjab, Haryana and Chandigarh from
furnishing any information related to
any selection made by the district and sessions judges of the three districts.
Retired judge
LN Mittal, head of the committee appointed by the HC last year, has recommended
"omission" of this rule.
If the
committee's view is accepted, it will become a precedent for omission of similar
RTI rules framed by other HCs.
The committee
further said that all rules framed under the RTI Act by the HC and amended
since 2007 need to be omitted because it held that the HC is not the competent
authority to frame RTI rules for the subordinate judiciary.
The report
was submitted to the HC a fortnight ago. It has been forwarded to the rules
committee of the HC, headed by a HC judge, for "consideration",
people familiar with the matter said.
The rule -
Volume IV, framed under the RTI Act - says "the information which relates
to judicial functions and duties of the court and matters incidental and
ancillary thereto and of confidential nature shall not be disclosed".
It further says
that "provided that the question as to which information relates to judicial
functions, duties of court and matters incidental and ancillary or of confidentiality
shall be decided by the competent authority or his delegate, whose decision
shall be final".
According to
this rule "any information affecting the confidentiality of any examination/selection process conducted by the district & sessions judge
under Punjab subordinate Courts Establishment (Recruitment and General
conditions of service) Rules, 1997 as amended from time to time".
The question
of "confidentiality" shall be decided by the "competent authority",
as per the rule.
While the
competent authority for selection is the sessions judge, the "competent
authority" who will decide whether to give or deny information is the HC
judge, the administrative judge of the district court concerned. The decision
of the high court judge shall be final, as per the rule.
In addition
to Volume-IV, the high courts have framed and amended several other rules under
the RTI Act. These rules defined "authorised persons" competent to furnish
information under RTI, the "appellate authority", mode of payment for
fees under RTI Act etc.
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