Information Commissioners approaches CJI against the Stay Order passed by the High Courts2 min read


Two information commissioners withdrawn from the session and by thirteen (IC) approached Justice NV Ramana writing a letter against the highest courts that habitually postponed its written jurisdiction to keep orders approved by ICS according to the right to the law on information (RTI law).

The Information Commissioners have captured CJI’s attention to a practice of concession of the stay to commissions orders. According to section 23 of the RTI, 2005, “No tribunal would have any request, request or other procedures concerning any order according to this law and will not be called this order in the question of another way. Bypassing an appeal under this law.”

Therefore, Parliament clearly understood that the final appeal is with the information commissions.

The Information Commissioners were based on the jurisprudence of the Surya dev Rai vs. Ram Chander Rai and Ors. ((2003) 6 SCC 675), in which the Supreme Court has made the following observations regarding the competences of certiorari pursuant to Article 226 of the Constitution: ” certiorari, pursuant to Article 226 of the Constitution, is issued correctly the coarse errors of jurisdiction, i.e., when determined that a subordinate court acted (i) without firm assuming the company where no, or (ii) the excess of its competence cannot exceed or cross the limits of jurisdiction, O (iii) act in the clear law of the law or the rules of procedure or to act in violation of the principles of natural justice, where there is no specific procedure, and therefore causing the failure of justice “.

 The letter highlights the provision referred to in Article 226 (3) of the Indian Constitution. Article 226 (3) of the Constitution clearly establishes that a stay was obtained without the participation of the interviewees, the Superior Court will discard the request within the deadline of two weeks from the date on which the holiday request for the stay is carried out.

If this is not done, the stay remains not busy. This was not implemented during the nation. We ask the APEX court to reiterate this point.

Through the card, Information Commissioners asked CJI to do with this letter as a Motu GDP and to type the appropriate instructions to become an effective online line with the Constitution and the law approved by Parliament.

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