#SupremeCourt hears PIL pertaining to vacancies in Information Commissions set up under the Right to Information (RTI) Act
Bench: Justices Surya Kant and Joymalya Bagchi
Adv Prashant Bhushan (for petitioner): 5 orders by this Court to fill up vacancies, but they keep seeking time...no transparency. They have not put out shortlisting criteria and shortlisted names in public domain. They have to be put out prior to appointment! They are saying they can appoint someone who has not even applied
J Kant: You're right there's delay. But they are asking for 2-3 more weeks. Can wait.
J Kant: Let the right time come
Bhushan: What is the right time? They are saying they have shortlisted
ASG KM Nataraj: They can't make these arguments before appointment
Bhushan: This Court said they have to state on affidavit before appointment...
J Kant: Appointment is not fait accompli.
#SupremeCourt #InformationCommissions
Bhushan: We are asking for transparency. People have right to know who are the people who have applied, what is the shortlisting criteria and who has been shortlisted
J Kant: This information will come in public domain. We will get that information
Bhushan: This, people need to know before appointment
ASG: They are mixing eligibility and suitability of candidates.
#SupremeCourt #InformationCommissions
ASG: Let the appointment process be completed
J Kant (to Bhushan): If we start having judicial scrutiny for every stage, there will be no selection. Transparency will have to be there, we will ensure. Right to know is there, there can't be exception to that
#SupremeCourt #InformationCommissions
J Kant: If any ineligible person is considered, we will examine it
Bhushan: Why people of this country not have a right to know who is being considered? States are disclosing the names, why should not the centre?
J Kant: We will make sure they disclose
Order: As regards to CIC, we are informed that Search Committee has completed exercise and Selection Committee comprising PM of India, LoP and [...] will consider the applicants within 3 weeks. We have no reason to doubt that Union shall follow the guidelines laid down in Anjali Bhardwaj case and finalize the process at the earliest.
#SupremeCourt
Bhushan: In Jharkhand, Commission defunct since May, 2020. Nothing happening
Counsel for Jharkhand: We are taking steps. Time of 45 days may be granted
Order: Chief Secretary, Jharkhand is directed to ensure that pending selection process is completed within 45 days. On failure to file compliance affidavit, Court would be constrained to take [strict action]
Bhushan: No govt wants transparency. They are killing the RTI Act. Best way to destroy the Act is the non-appointment.
#SupremeCourt #InformationCommissions
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#SupremeCourt hears a plea concerning government's insurance coverage scheme for doctors who died due to COVID-19 during the pandemic.
J Narasimha: Society will not forgive us if we don't take care of our doctors.
J Narasimha to Centre: You should compel the insurance company to pay if according to you the condition is met that they were on COVID response and they died because of COVID. Merely because they were not in government duty the assumption that they were making profits and then they were sitting is not correct.
J Narasimha: We will not go into individual claims. We will just lay down the principles.
A Constitution Bench of the #SupremeCourt led by CJI BR Gavai to hear today the All India Judges Association case.
The bench will decide whether to earmark a quota of District Judge posts for those who entered judiciary as Civil Judges(Junior Division) to avoid career stagnation.
Sr Adv Siddharth Bhatnagar appears as the Amicus Curiae in the case
Bhatnagar refers to the reference order :
"It cannot be disputed that the judges who were initially appointed as CJ(Civil Judges) gain rich experience since they have been serving in the judiciary for a number of decades. Furthermore, every judicial officer, be it one who was initially recruited as CJ or one who was directly recruited as a District Judge, has an aspiration to reach at least up to the position of a High Court Judge.
We are, therefore, of the view that a proper balance has to be struck between the competing claims. However, this issue would involve consideration of some of the judgments and orders passed by Benches comprising of three learned judges of this Court. Therefore, in order to put the entire controversy at rest and provide a meaningful and long-lasting solution, we are of the considered view that it will be appropriate if the issue is considered by a by a Constitution Bench consisting of five learned Judges of this Court."
#SupremeCourt issues notice to all states in the suo moto case regarding digital arrest scams based on forged court orders.
Bench: Justice Surya Kant and Justice Joymalya Bagchi
Attorney General for India R Venkatramani appearing.
J Kant: there are more than one instance taken place in different parts. We are inclined to entrust the matter to CBI in respect of all the states because this is a kind of crime which is operating maybe Pan India or maybe even across the border also.
AGI: there are money laundering gangs located outside our territory. In many parts of Asia - Myanmar, Thailand etc.
J Kant: we will appreciated if the state takes stand that yes this matter should be investigated by a central agency.