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This is an archive article published on January 13, 2010

SC full court to consider implication of HC judgement: CJI

Chief Justice of India K G Balakrishnan on Wednesday said the full court of the Supreme Court will consider the implication of the Delhi High Court verdict holding that the office of the CJI came under RTI Act.

Chief Justice of India K G Balakrishnan on Wednesday said the full court of the Supreme Court will consider the implication of the Delhi High Court verdict holding that the office of the CJI came within the ambit of the Right to Information Act.

He,however,refused to make any further comment,saying that he was yet to read the judgement and had only read the reports appearing in the newspapers.

“I have not seen the judgement so far. Let me see it. So far,I have only seen your valuable report,” he told reporters on the sidelines of the farewell function organised at the apex court for Justice Tarun Chatterjee,who retires today.

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In the path-breaking judgement,a three-judge Bench of the High Court headed by Chief Justice A P Shah had held that the office of the CJI comes under the ambit of the RTI Act. The apex court has decided to appeal against the judgement.

The verdict was a setback for Justice Balakrishnan,who has consistently maintained that the CJI cannot be brought under the ambit of the transparency law.

The larger Bench upheld the decision of the single Bench which had also held the apex court registry and CJI office cannot be said to be separate organs.

The High Court had rejected the contention of the apex court that bringing the CJI’s office within the RTI Act would “hamper” judicial independence and said higher judiciary should not shy away from the transparency law.

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“Judicial independence is not a privilege to a judge but a responsibility,” the High Court said,adding that the CJI cannot be said to have fiduciary relation with his fellow judges.

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