By IANS,
New Delhi: The Delhi High Court Wednesday asked Right to Information (RTI) activists to mobilise the movement for the selection of the chief information commissioner (CIC).
The high court declined to give directions to the government to change the procedure for appointment of the CIC, stating that it was not in its jurisdiction to lay down criteria in this regard.
A division bench comprising of Chief Justice Ajit Prakash Shah and Justice S. Muralidhar said: “The court can’t ask the government to frame rules to bring transparency. You can raise the issue before the government and before parliament.”
The petitions filed by a group of RTI activists said that instead of appointing a person to the post without going public, the government should invite applications through public notice and then appoint the best candidate.
“The law was framed after a mass movement was initiated for it. The same movement should be initiated to bring an amendment. Why should the court come into the picture at this stage?” the judges asked, adding: “You (RTI activists) should mobilise the larger civil society to build opinion on the issue”.
The judges said: “The issue should not be closed by our rejection of your plea. It is an important issue. We don’t think the judiciary will be able to do this as there are some limitations.”
The petition was filed by Krishna Rao and six others demanding that the government advertise the post widely and give an equal opportunity to those who are eligible to apply.
“It is undesirable that bureaucrats are the first choice for appointment as the chief information commissioner. In fact, non-bureaucrats should be the first choice. This is necessary for providing an essential safeguard,” advocate Prashant Bhushan said.
The present selection process is done by a committee comprising of the prime minister, leader of opposition and a minister nominated by the prime minister.
CIC Wajahat Habibullah has resigned to take up his new appointment as Jammu and Kashmir information commissioner.