SC partially stays the controversial Namit Sharma judgment
The Hon'ble Supreme Court had held in the Namit Sharma case that the cases coming up before the Information Commission should be in benches of two members and one of which should be from a judicial background. Further, the SC had directed for appointing the retired High Court judges as the Chief Information Commissioner.
Hearing a review petition, a bench of the Hon'ble Justice A.K. Patnaik and Hon'ble Justice Arjan Kumar Sikri of the SC has stayed its order in the Namit Sharma case thus partially paving way for filling of the vacancies of the Information Commissioner in the country.
The bench observed that "We make it clear that subject to orders that may be finally passed after hearing the Review Petitions,the compethe ent authority will continue to fill up the vacant posts of Information Commissioners in accordance with the Act and in accordance with the judgment in W.P.(C) No. 210 of 2012 except sub-paras 108.8 and 108.9 which we have stayed. This is to ensure that functioning of the Information Commissioners in accordance with the Act and the Judgment is not affected during the pendency of the Review Petitions.
We further make it clear that the Chief Commissioners already functioning will continue to function until the disposal of the Review Petitions."
Hopefully, this stay order would lead to a decrease in the number of vacancies in the different Information Commissions in the country thereby leading to decrease in number of appeals and complaints.
RTI Citation : RTIFI/2013/CIC/1217
Click here to view original RTI order of Court / Information Commission