The Kerala High Court today directed the state government to produce records pertaining to proposed appointment of former DGP Vinson M Paul as Chief Information Commissioner.
The court passed the order on a petition challenging recommendations made by the committee for appointment of Chief Information Commissioner and Information Commissioners on the ground that no proecedure was followed by the panel.
Justice Mohammed Mustaq directed the government to produce the file leading to recommendations of the committee under Section 15(3) of RTI Act of Kerala.
Petitioner S Somanathan Pillai alleged that the committee followed no procedure and recommended personnel without assessing the merit of candidates and on political considerations and whims and fancies.
The selection panel, comprising Chief Minister Oommen Chandy, Industry Minister P K Kunhalikutty and opposition leader V S Achuthanandan, had met last week to shortlist the CIC and five Information Commissioners. The name of Paul was recommended to the Governor with dissent from Achuthanandan.
Not getting any information, Gupta filed a complaint with
the CIC. He wanted access to Christian Marriage Act, 1972 from the website. Gupta wanted the bare act but it was not properly formatted. He claimed that he is required to study bare acts but Law Ministry website was no help at all.
Wanting to access bare acts in PDF format, he wanted email of the Legislative Department CPIO.
In his order, Acharyulu had said it was a duty upon the state to inform citizens about the Law as and when they were made and the citizens also have the right to know of the Law.
"If is impossible for any Government to expect obedience to their Law without informing the people in legible form. It is more difficult especially when the text of Law is not available in easy accessible format," he had said.
Directing the Ministry to pay a token compensation of Rs 10,000 to the library of National Law School of India University, Bengaluru, for causing loss of time of several law students, he had said the law and enactments are in public domain and none can claim copyright on the law.
"Section 4 mandates the Ministry of Law to place the texts of enactments. It is the duty of Legislative Department to provide information about access of every updated enactment. It is not just an recommended obligation under Section 4(1)(a) of RTI Act, but a constitutional mandate, a legal necessity, and an essential requirement for peace," he had said.
The Ministry had challenged it before the Delhi High Court through a writ petition.
