Give clarifications sought by Prez about Justice Prasad: CIC

The collegium had in November 2009 recommended the elevation of the Allahabad High Court Chief Justice as the SC judge. However,the government returned the file seeking clarifications on allegations of corruption against Prasad.

The collegium examined the allegations and found them baseless and returned the file to the Law Ministry for processing the appointment.

RTI activist S C Agrawal had sought to know from the President’s Secretariat about clarifications sought by President Pratibha Patil before clearing name of Justice Prasad as Supreme Court judge and submissions or representations received by her or the Union government against clearing his elevation among other details.

The Secretariat invoked the section 8(1)(i) of the RTI Act to reject the application saying any recommendation made to the President by “member of Council of the Ministers” (referring to role of Law Minister in putting up the file for appointment of Justice Prasad before the President) is exempt under it,hence cannot be given.

It also said since no final decision has been taken,information cannot be given.

The section exempts information related to cabinet papers including records of deliberations of the Council of Ministers,Secretaries and other officers till a final decision has been taken on the issue.

Chief Information Commissioner Satyananda Mishra rejected the argument put forth by the Secretariat and said section 8(1)(i) has been wrongly invoked to deny information.

“The section 8(1)(i) refers to Council of Ministers which means the entire cabinet not a single minister. The section has been wrongly invoked by the Secretariat to deny the information. The secretariat must provide information of the issue,” Mishra said.

He said since the matter has been concluded and the judge has already been appointed there was no point in withholding the information.

Agrawal has also sought to know from the Secretariat about any representation or submission being received against appointment of Justice Gyan Sudha Mishra and Justice Swatanter Kumar to the apex court.

The CIC also cleared these points for disclosure.