SC raps K’taka information commissioner

mangaloretoday.com/ DHNS

New Delhi:Jan 18, 2013:The Supreme Court on Friday expressed displeasure over a petition filed by the Karnataka information commissioner, challenging a Karnataka High Court order rejecting his direction to divulge details on a pending writ petition under the RTI Act.

 

A bench of justices G S Singhvi and H L Gokhale pointed out that the information commission was a judicial body and the commissioner could not be aggrieved in personal capacity by a high court order.

“What is the locus of the petitioner (Karnataka Information Commissioner) to file this petition? Who has authorised him to do so? Has the information commissioner paid the entire litigation cost from his pocket,” the bench asked advocate V N Raghupathy, appearing for the petitioner.

Describing the petition as “frivolous,” the court imposed cost before dismissing it. Perusing the case title, the court became livid and asked the counsel if it should summon the information commissioner. “It is mischief,” the court observed, adding that only the person who was denied information could be aggrieved.

It was hearing a special leave petition listed as “Karnataka Information Commissioner versus State Public Information Officer and another.” The court said the information commissioner could not be aggrieved if an order passed by him, to reveal details in a case under the Right to Information Act, was set aside by the high court.

In the instant case, the information seeker sought details of the pending writ petition from the Karnataka High Court’s registrar.  The official asked the applicant to apply for a certified copy, according to the rules.

The information seeker approached the state transparency panel, which directed the registrar to pass the information to him.