SC ruling won't hit serving information officers: AG

Swaraj Thapa : New Delhi, Wed Oct 03 2012, 00:42 hrs

Notwithstanding the recent Supreme Court judgment re-drawing their eligibility criteria, Attorney General G E Vahanvati has said that the central and state information commissioners can continue for now. According to him, the SC ruling will be operative with prospective effect, but the government should not delay its review petition as the apex court's decision is capable of creating "disarray" in their functioning.

In his opinion submitted to the government last week, Vahanvati has said that the government, however, may have to implement some changes directed by the SC relating to functioning of the central and state information commissioners — that they will have to work in benches of two members comprising a judicial member and an expert — although this is not "automatic".

"...The judgment is capable of creating disarray in the working of central and state information commissioners... In view of the far-reaching effects of this judgment, I would advise the government to immediately file a review petition pointing out the patent errors, contradictions and inconsistencies in the judgment," said Vahanvati.

"Since the judgment states that it would operate prospectively, in my opinion, the CIC and the state commissioners may continue to act despite the cloud in their qualifications," he added.

Vahanvati has also suggested that the government should file an application for an oral hearing along with the review petition, given that the DoPT, which is the administrative department dealing with the appointment of central and state information commissioners, was not given any opportunity to place its views before the court. Government sources indicated that the review petition may be filed in the next two days.

Over the last few days, the SC judgment, which said central and state information commissions should be headed only by former or serving chief justices of the High Court or a Supreme Court judge, has come under sharp criticism from several quarters.

Leader of Opposition in the Rajya Sabha Arun Jaitley said that the judgment impinged on the powers of the legislature, saying that it is "indirectly a direction to Parliament". He also said that post-retirement jobs for judges are being created through judicial verdicts.

Senior government functionaries, however, refused to be drawn into the debate. "We will be responding to the matter in court itself," said a senior minister.