STRANGE AND RETROGRADE VERDICT OF HIGH COURT OF GUJARAT IN IMPOSING COSTS OF RS.25,000/- AGAINST C.M. OF DELHI MR. KAJRIWAL, THAT TO IN WRIT PREFERRED BY GUJARAT UNIVERSITY AGAINST C.I.C
In democracy, it is the un-deniable right of the citizens of the Country to know the antecedents and educational qualifications of the politicians in power. Though there is an exemption U/s 8 (e) (j) of RTI Act, the same cannot be extended to the politicians in power, as such information, no longer be the personal information of the politicians in power and moreover it will come within the ambit of public interest. The Central information Commissioner Sri M.Sridhar Acharyulu in his, land mark order, rightly directed The Gujarat University, to furnish information regarding the Degrees conferred on Prime Minister of India Mr. Narendra Modi Ji. The verdict of High Court of Gujarat, in setting-a-side, the land mark order of C.I.C, by referring to various verdicts of Supreme Court of India, wherein, there was sans any public interest involved, does not stand to the test of judicia's reasoning and spirit of RTI Act. Whatever may be the legal sustainability of order passed by the Sri Justice Biren Vaishnav of High Court of Gujarat, in allowing the writ preferred by Gujarat University, the said order imposing costs of Rs. 25,000/- to the Respondent is in-comprehensible and does not reflect the Judicial Dynamism and Wisdom. As a matter of fact, when the citizens of the Country rise the issue of the educational qualifications and particulars of the Degrees prosecuted by the Prime Minister of India, indeed. it is the obligation of CMO to clarify the same, without allowing the opposition parties, to be-little the image of the Prime Minister of India, on this score and to put an end to the controversy. The order passed by High Court of Gujarat in imposing costs of Rs.25,000/- against Mr. Kajriwal is certainly a retrograde one and not a progressive verdict. Sycophantic approach of adjudicatory mechanisms, in democracy always be dangerous, to its sustainability.
In democracy, it is the un-deniable right of the citizens of the Country to know the antecedents and educational qualifications of the politicians in power. Though there is an exemption U/s 8 (e) (j) of RTI Act, the same cannot be extended to the politicians in power, as such information, no longer be the personal information of the politicians in power and moreover it will come within the ambit of public interest. The Central information Commissioner Sri M.Sridhar Acharyulu in his, land mark order, rightly directed The Gujarat University, to furnish information regarding the Degrees conferred on Prime Minister of India Mr. Narendra Modi Ji. The verdict of High Court of Gujarat, in setting-a-side, the land mark order of C.I.C, by referring to various verdicts of Supreme Court of India, wherein, there was sans any public interest involved, does not stand to the test of judicia's reasoning and spirit of RTI Act. Whatever may be the legal sustainability of order passed by the Sri Justice Biren Vaishnav of High Court of Gujarat, in allowing the writ preferred by Gujarat University, the said order imposing costs of Rs. 25,000/- to the Respondent is in-comprehensible and does not reflect the Judicial Dynamism and Wisdom. As a matter of fact, when the citizens of the Country rise the issue of the educational qualifications and particulars of the Degrees prosecuted by the Prime Minister of India, indeed. it is the obligation of CMO to clarify the same, without allowing the opposition parties, to be-little the image of the Prime Minister of India, on this score and to put an end to the controversy. The order passed by High Court of Gujarat in imposing costs of Rs.25,000/- against Mr. Kajriwal is certainly a retrograde one and not a progressive verdict. Sycophantic approach of adjudicatory mechanisms, in democracy always be dangerous, to its sustainability.