Right to Information on Judges Appointment : Referred to Constitutional Bench

Justice Reddy

In an important development, the Supreme Court referred to a Constitution bench a petition seeking details of appointment and transfer of judges in the higher judiciary. 

Using the Right To Information (RTI) Act, petitioner Subhash Chandra Agarwal has also sought information on the correspondence between the Chief Justice of India and the government on appointments and transfers of judges of Supreme Court and High Courts. 

A bench of Justices B Sudarshan Reddy and S S Nijjar, while referring the plea to a Constitution bench, said since the issue involved substantial questions of law and interpretation of the Constitution, the petition should be heard by a Constitution bench. 

'Having heard the learned Attorney General and the learned counsel for the respondent, we are of the considered opinion that are substantial questions of law as to the interpretation of the Constitution is involved in the present case which is required to be heard by a Constitution bench', the two-judge bench said. 

They said the issue raises important questions on the constitutional position of the Chief Justice of India and the independence of the judiciary on the one hand and the fundamental right to the freedom of speech and expression guaranteed by the Constitution on the other hand. 

The transparency law recognises the constitutional rights of a citizen to freedom of speech and expression, while independence of judiciary is a part of the basic structure of the Constitution. 

'The independence of judiciary and fundamental of right to free speech and expression are of a great value and both of them are required to be balanced,' the judges said. 

While framing the issue, they referred the following important questions of law to a Constitution bench:- 1. Whether the concept of independence of judiciary required and demands the prohibition of furnishing of the information sought? Whether the information sought for amounts to interference in the functioning of the judiciary? 2. Whether the information sought for cannot be published to avoid any erosion in the credibility of the decision and to ensure the free expression of honest opinion by all constitutional functionaries, which is essential for effective consultation and for taking the right decision? 3. Whether the information sought for is exempt under Section 8(i)(j) of the RTI Act? Mr Agarwal has sought complete files on the appointment of Justices H L Dattu, A K Gangualy and R M Lodha as Supreme Court judges superseding Justices A P Shah, A K Patnayak(at present an apex court judge) and V K Gupta. 

Chief Information Commissioner had directed the Supreme Court to provide the required information to the RTI applicant. But central public information officer of the Supreme Court had challenged the CICs order in the apex court.

Find the Judgment here.

Maintain Judicial Discipline : Supreme Court to High Courts

Source : Indlaw.com

The Supreme Court has issued stern warning to the High Courts in the country not to try to override its orders. 

A bench, comprising Justices Markandey Katju and Gyan Sudha Misra, taking serious note of the increasing incidents of the High Courts violating the principle of judicial discipline has said, 'Judicial discipline requires that the High Courts should not try to override orders passed by this court.' 'Such defiant attitude of the High Courts will not be tolerated by this court.' The apex court has sought an explanation from the Madras High Court asking how and why stay order was granted by it despite the apex court order dated May 14, 2010 vide which the petition of the petitioner was dismissed. 

It also issued contempt of court notice to the commissioner, corporation of Chennai holding that the commissioner was hand-in-gloves with the petitioner and it is for this reason that he passed the collusive and contemptuous order dated June 18, 2010 that the suit premises need not to be demolished, just to get over the orders of the Supreme Court. 

The apex court has directed an immediate eviction of the tenant D M Belgamvala saying that if anyone tries to obstruct this order he will definitely be sent to jail. 

The court has ordered the eviction of the tenant since the building was 100-year-old and needed demolition. The tenant, however, got an order from the Chennai corporation commissioner, revoking his earlier order saying that building need not be demolished. 

The High Court stayed the eviction despite the Supreme court order vide which eviction had already been ordered.

Supreme Court : Illicit relationship of married man is cruelty to his wife

Source : Indlaw.com

The Supreme Court has ruled that an illicit relationship of a married man with another woman amounts to cruelty to his wife. 

A bench, comprising Justices Harjeet Singh Bedi and R M Lodha, while dismissing appeal of Laxman Ram Mane from Raigarh district of Maharashtra, whose wife had committed suicide after being subjected to beating and humiliation by him when she objected to an illicit relationship, noted, 'We are of the opinion that an illicit relationship of a married man with another woman would clearly amount to cruelty within the meaning of Section 498-A of the IPC.'

Katju Slams Allahabad HC Judges for Nepotism & Corruption

Justice Katju

Outspoken Justice Markandey Katju of the Supreme Court was at his best when he slammed the Judges of the Allahabad High Court for corruption and lack of integrity. While dealing with an SLP regarding a single judge's direction to the Uttar Pradesh Sunni Central Waqf Board to allot waqf land to Raja Khan for running a circus and swings in the Bahraich district of Uttar Pradesh. The Bench observed;

The faith of the common man in the country is shaken to the core by such shocking and outrageous orders such as the kind which have been passed by the Single Judge. We are sorry to say but a lot of complaints are coming against certain Judges of the Allahabad High Court relating to their integrity. Some Judges have their kith and kin practising in the same Court, and within a few years of starting practice the sons or relations of the Judge become multi-millionaires, have huge bank balances, luxurious cars, huge houses and are enjoying a luxurious life. This is a far cry from the days when the sons and other relatives of Judges could derive no benefit from their relationship and had to struggle at the bar like any other lawyer.

We do not mean to say that all lawyers who have close relations as Judges of the High Court are misusing that relationship. Some are scrupulously taking care that no one should lift a finger on this account. However, others are shamelessly taking advantage of this relationship. There are other serious complaints also against some Judges of the High Court.

The Allahabad High Court really needs some house cleaning (both Allahabad and Lucknow Bench), and we request Hon'ble the Chief Justice of the High Court to do the needful, even if he has to take some strong measures, including recommending transfers of the incorrigibles. We entirely agree with the view taken by the Learned Division Bench in the impugned judgment. In view of the foregoing, we find no merit in this petition which is accordingly dismissed.

Find a copy of the order here.