Supreme Court highlights: Office of CJI to fall under RTI Act ambit, rules top court

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Updated:Nov 13, 2019 7:09:36 pm

Supreme Court highlights: The court has upheld the Delhi HC order of 2010.

karnataka MLAs disqualificationSupreme Court of India (File Photo)

In a major decision on Wednesday, the Supreme Court on Wednesday brought the office of the Chief Justice of India under the RTI  ambit, but with certain conditions. The court has upheld the Delhi HC order of 2010. In its ruling, the court said that judicial independence must not avoid accountability

The judgement was delivered by a five-judge constitution bench headed by Chief Justice Ranjan Gogoi. CJI Ranjan will retire on November 17. Other members of the bench are Justices N V Ramana, D Y Chandrachud, Deepak Gupta and Sanjiv Khanna.

Earlier in the morning, the top court upheld then Karnataka Speaker Ramesh Kumar’s decision to disqualify 17 Congress and JD(S) MLAs. The MLAs were disqualified in July by Kumar just ahead of the trust vote on the floor of the Vidhan Soudha. A three-judge bench of justices NV Ramana, Sanjiv Khanna and Krishna Murari, however, overruled the Speaker’s decision to disqualify them for the full term of the current Assembly and bar them from contesting elections. The court said that these disqualified MLAs can’t be prevented from contesting the elections and clarified that if they are elected in the bypolls, they can become ministers and hold public office. The top court’s ruling has come as a huge relief for the BJP which gained majority after the resignation of 17 MLAs of the then ruling JD(S)-Congress coalition. The BJP will need the support of six more MLAs if the effective strength of the House increases to 224. The saffron party is likely to field many of the disqualified MLAs in the upcoming bypolls. The Election Commission has announced that 15 of the 17 seats will go to polls on December 5. Results will be declared on December 9.

 

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Highlights

    17:54 (IST)13 Nov 2019
    Activists hail SC decision

    Transparency activists have welcomed the Supreme Court's decision to bring the office of the Chief Justice of India under the ambit of the RTI Act. They said that the apex court reiterated the position in law in the matter. "I welcome the decision of the constitution bench to reiterate the established position in law that the CJI is a public authority under the Right to Information (RTI) Act," Venkatesh Nayak, head of access to information programme, Commonwealth Human Rights Initiative (CHRI), an NGO, was quoted by PTI as saying.

    17:08 (IST)13 Nov 2019
    What Delhi HC order said?

    The High Court in its order on on January 10, 2010 had said that the CJI office comes within the ambit of the RTI law. it bserved that saying judicial independence was not a judge's privilege, but a responsibility cast upon him.

    15:02 (IST)13 Nov 2019
    What SC says in its order?

    "Transparency doesn’t undermine judicial independency', Supreme Court says while upholding the Delhi High Court judgement which ruled that office of Chief Justice comes under the purview of Right to Information Act (RTI)", the apex court has said in its order as per ANI.

    14:31 (IST)13 Nov 2019
    Office of CJI under RTI ambit

    In a major ruling on Wednesday, the Supreme Court  on Wednesday brought CJI offices  under RTI ambit with cerian conditions

    14:23 (IST)13 Nov 2019
    Disqualified MLAs will be joining BJP on Thursday: Karnataka Deputy CM

    Karnataka Deputy Chief Minister CN Ashwathnarayan said that disqualified MLAs will be joining BJP on Thursday morning in Bengaluru.

    14:04 (IST)13 Nov 2019
    Will win a minimum of 12 of 15 Assembly seats in bypolls: Siddaramaiah

    Congress leader Siddaramaiah has expressed confidence about winning minimum 12 out of 15 assembly seats in Karnataka that will go to the bypolls next month. "I have said, we will win 12 seats, even if we get all 15 seats it will not be a surprise," the former CM said.

    13:56 (IST)13 Nov 2019
    BJP should not give tickets to disqualified MLAs: Congress leader Dinesh Gundu Rao

    Senior Congress leader Dinesh Gundu Rao said that the BJP should not give tickets to the 17 disqualifies MLAs. He said that if the BJP has any morality left, they should not field the former MLAs in the bypolls.

    13:21 (IST)13 Nov 2019
    BJP leadership to decide on giving tickets to disqualified MLAs

    The BJP in Karnataka on Wednesday welcomed the Supreme Court verdict in the disqualified MLAs case, and said its leadership would take a call on the issue of giving them tickets to contest next month's bypolls. "The court has upheld the Speaker's decision on disqualification of 17 MLAs, along with that Court has given the opportunity for them to contest the upcoming polls, we welcome the court judgement," state BJP President Nalin Kumar Kateel said.

    13:02 (IST)13 Nov 2019
    Former Karna Speaker Ramesh Kumar expresses 'sigh of relief' on SC verdict

    Former Karnataka Speaker K R Ramesh Kumar on Wednesday expressed "sigh of relief" as the Supreme Court upheld his decision to disqualify 17 Congress-JD(S) MLAs. "Supreme Court has upheld the disqualification- to that extent, it's a sigh of relief (for me). On the issue of tenure (of disqualification), Supreme Court has not agreed to my interpretation I will speak on that after going through the text of the judgement," Kumar said.

    12:48 (IST)13 Nov 2019
    SC decision a lesson for MLAs: Siddaramaiah

    Former Karnataka CM and Congress leader Siddaramaiah has welcomed the Supreme Court decision on the 17 MLAs. "I welcome the whole judgement, even that of Supreme Court allowing them (17 disqualified MLAs) to contest by-elections. It is a lesson for the MLAs who wanted to join any other political party on whims and fancies or coercion by other parties," he said.

    12:00 (IST)13 Nov 2019
    Karnataka bypolls: BSY says BJP will contest all seats

    Karnataka Chief Minister BS Yediyurappa has welcomed the Supreme Court's verdict. He said that the BJP will contest elections from all the seats. The bypolls will take place on December 5.

    11:57 (IST)13 Nov 2019
    Rafale deal judgement tomorrow

    Supreme Court to pronounce tomorrow its judgement on Rafale review petitions against its December 14, 2018 judgement upholding the 36 Rafale jets' deal.

    11:57 (IST)13 Nov 2019
    Sabarimala temple verdict on Thursday morning

    The Supreme Court will pronounce its judgement tomorrow on review petitions against the verdict allowing entry of women of all age groups into the Sabarimala temple.

    11:45 (IST)13 Nov 2019
    Disqualified MLA AH Vishwanath welcomes Supreme Court judgement

    Disqualified Karnataka MLA AH Vishwanath said that he welcomes the Supreme Court verdict. "I welcome the judgement of the Supreme Court. We should be happy because the apex court has awarded a judgement," he said.

    11:40 (IST)13 Nov 2019
    CJI under RTI Act? Supreme Court to pronounce verdict at 2 PM

    The Supreme Court will pronounce its verdict on petitions challenging the Delhi High Court decision bringing the office of the CJI under the ambit of the Right to Information (RTI) Act. A five-judge constitution bench headed by Chief Justice Ranjan Gogoi will pronounce the judgement at 2 pm. CLICK HERE TO READ MORE

    11:34 (IST)13 Nov 2019
    Karnataka MLAs Disqualification Case: Verdict based on facts, says SC

    The Supreme Court deprecated the manner in which the disqualified MLAs directly approached it without first moving high court. The court said its verdict is based on facts and circumstance of case and does not interfere in the Speaker's power to disqualify members. The top court passed the verdict on petitions filed by these disqualified MLAs.

    11:07 (IST)13 Nov 2019
    SC clarifies if MLAs elected in bypolls, they can become ministers

    The Supreme Court's verdict paves way for disqualified MLAs to contest December 5 bypolls in Karnataka. The Supreme Court also made it clear that if these disqualified MLAs are elected in bypolls, they can become become ministers or hold public office.

    11:04 (IST)13 Nov 2019
    MLAs can't be disqualified for full term of 15th Karnataka Assembly: SC

    In its order, the Supreme Court, however, struk down portion of Speaker's order which said MLAs would be disqualified till end of tenure of 15th Karnataka Assembly.

    10:53 (IST)13 Nov 2019
    Karnataka Assembly bypolls on December 5

    A total of 15 of the 17 seats will go to polls on December 5 in Karnataka. These seats fell vacant after 17 MLAs of the then ruling Congress  and JD(S) resigned from the House to enable the BJP form the government. Results will be declared on December 9.

    10:52 (IST)13 Nov 2019
    Disqualified MLAs can contest bypolls: SC

    The Supreme Court ruled that the MLAs can't be disqualified from the full term of the House. The court overturned the Speaker's decision and allowed them to contest the bypolls.

    10:50 (IST)13 Nov 2019
    Supreme Court upholds Karnataka Speaker's decision

    The Supreme Court on Wednesday upheld then Karnataka Speaker Ramesh Kumar's decision to disqualify 17 Congress and JD(S) MLAs ahead of the floor test.

    The 17 assembly seats in Karnataka fell vacant after disqualification of the ruling coalition's MLAs by then Speaker Ramesh Kumar. The Election Commission has announced that bypolls to 15 out of these 17 assembly seats. The polling is slated for December 5. Results will be announced on December 9.
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