SC refuses to share information on SCBA's letter for elevation of top court lawyers as HC judges

The Supreme Court has refused to part with information under the RTI Act on details of a letter written by the SC Bar Association for proposing names of top court advocates for appointment as High Court judges.

The top court said information shared under fiduciary relationship, also being "third party information", were exempted under the transparency law. The authorities cited Section 8(1)(e) and 11(1) of the RTI Act to decline the request.

A lawyer, Amritpal Singh Khalsa filed an application under the RTI Act after SCBA president, Vikas Singh publically claimed to have written a letter in this regard.

In his letter to the CPIO, SC, Kalsa sought a copy of the proposal sent by the SCBA on May 31, along with the order, letter, communication or any other document in which it was noted that the Chief Justice of India has agreed to the proposal by the bar body.

He also sought file notings in this regard. Besides, Kalsa sought a letter or order issued by the CJI to chief justices of high courts to consider elevation of lawyers practising in the Supreme Court as High Court judges.

Notably, last month, lawyers body of the top court formed a "search committee" to identify deserving and meritorious advocates, practising in the Supreme Court, for their elevation as judges in the high courts across the country.

Following a request made by Supreme Court Bar Association on May 31, the Chief Justice of India agreed and requested the chief justices of the high courts to consider lawyers practising in the Supreme Court for elevation to their high courts, a statement from Bar president Vikas Singh had said.