10 years, 4 months ago

Correspondence between Executive about a former CJI is not privileged correspondence: CIC; directs disclosure of communication requesting probe against ex-CJI; [Read the Order]

Directing the Department of Legal Affairs to provide all information regarding probe against NHRC Chairperson Mr. Justice K.G. The appellant, Mr. Subhash Chand Agrawal had contended that the communications between the Chief Justice of India and Union of India about the representations against former Chief Justice of India, Mr. K.G. Talking about the direction to Live Law, the appellant said, "Retired judges of higher courts including of Supreme Court and High Courts including even former Chief Justice of India are normal citizens needing no immunity from law of land only because of their earlier having been judges or Chief Justice in higher courts. Besides, the Court also looked into Article 74 of the Constitution of India and Section 123 and 124 of the Evidence Act and observed, "The Supreme Court considered examination of correspondence between Chief Justice of India and Government to determine whether requisite consultation for the appointments has taken place, in case of S.P. Copies of CJA representations against Mr Justice KG Balakrishnan, Mr. Justice Y.K.Sabharwal aand any other former Chief Justice of India together with complete information on action taken on these representations by the Department of Justice or any other authority was also demanded.

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