Once completed, probe into judge’s conduct in public domain: CIC

An inquiry into the conduct of a judge, once completed, is open for public inspection.

An inquiry into the conduct of a judge, once completed, is open for public inspection. The ruling has come from the Central Information Commission (CIC), the apex transparency body in the country. In his ruling, Chief Information Commissioner Wajahat Habibullah has said judges are “public persons” who can hardly afford to keep an inquiry/investigation against them an “internal matter” as if in a “private employer/employee relationship”.

“No matter who the person is, whether a judge or an official of the court, once an investigation on allegations of corruption is finished, the results should be out in the open,” said Habibullah.

The November 10 verdict is in direct contrast to the Delhi High Court stand that “inquiry and investigation against an officer is an internal matter between the employer and the employee and disclosure thereof is not in public domain”.

Pratap Singh Gandas, a resident of the Capital, had filed an appeal with the CIC against a Delhi High Court reply on February 26, 2007, in which he was denied the certified copy of an order by the Registrar Vigilance (Delhi High Court) given in 2004 to initiate a probe against “an officer of judicial services”.

Gandas was refused access to the name and details of the Inspector who carried out the probe and final investigation report submitted in the High Court.

“As an institution, the Delhi High Court is anxious to promote transparency but cannot countenance attempts to browbeat the court. These attempts cannot be construed as being in public interest, and so is against the interest of the State and therefore worthy of exemption (from disclosure),” Rajeev Bansal, nominated counsel for the Delhi High Court, submitted before the CIC.

Bansal argued that “allegations of misconduct involving elements of vigilance against officers of judicial service are routinely received from various sources/quarters in the High Court.” He said the complaints are examined under the “guidance of the honourable judges”.

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“This is a subject which is not only sensitive in nature, in as much as it involves independence of the judiciary, as indeed public image and reputation of the judicial officers concerned,” Bansal submitted before the CIC.

The CIC dismissed the plea, saying “information with regard to public activity, which is an investigation, ordered by an institution as august as the High Court cannot be construed to be private activity”.

Habibullah directed the Delhi High Court to release all information sought for within 10 days except those which may harm the confidentiality between investigators and witnesses in the probe.