ADDRESS OF JUSTICE D.V.SHYLENDRA KUMAR ON THE OCCASION OF THE INAUGURATION OF THE ONE DAY WORKSHOP ORGAINSED BY THE KARNATAKA LAW UNIVERISTY AT HUBLI, KARNATAKA STATE ON SATURDAY OCTOBER 3RD 2009 FOR LAW TEACHERS AND LAW STUDENTS ON THE TOPICS OF RIGHT TO INFORMATION AND AWARENESS ON ANTI RAGGING.
A very good morning to all of you!
Dr. J S Patil – Vice Chancellor, Karnataka Law University, Dharwad, Dr. Vijayakumar, Professor NLSIU, Sri. Manjappa, Director, University Law College, Hubli, the Principals, Professors, Law Teachers who have been initiated into the modes and methods of spreading legal awareness amongst the public at large through the medium of law students, particularly, for creating awareness about the beneficial uses and effects of the Right to Information Act, my dear law students, all other Members of the legal fraternity, a very Good Morning to all of you!
I feel greatly privileged to address an elite gathering of accomplished law teachers and devoted students of Law. Indeed, it is a very pleasant, thrilling experience for me.
Some of you might have read the article titled Judges and the Right to Information Act, which was written for not only conveying to the public at large that the judges of the superior courts of this country have no hesitation to declare their assets and to throw it into the public domain, and are not afraid of even any possible repercussions or consequences thereafter, but also for the reason that as the chairperson of the sub-committee for implementation of the Right to Information Act, constituted by the Karnataka State Legal Services Authority, as part of the plan of action for the year 2008-09, I had the pious duty to be an example for all other public servants in the matter of being transparent in all our transactions and day-today functioning and would get the moral right to head a sub-committee of this nature and request you all to go to the field to seek information/data from the public officers/ authorities, only when I have myself disclosed the particulars of my assets and not withheld any information or particulars.
The Right to Information Act - a wonderful piece of legislation was enacted to usher in an era of transparency in public administration, elimination of corruption a cancer like disease afflicting our society and thereby pave way for improved, efficient, people-friendly public administration system. As you are all aware, the Right to Information Act, 2005 is a piece of legislation which owes its origin to the judgment of the Supreme Court in the case of PEOPLE’S UNION FOR CIVIL LIBERTIES vs UNION OF INDIA [AIR 2002 SC 2112 = (2003) 3 SCC 399].
It is also a development in reality that the Right to Information Act has been the vehicle for change in the systems of governance in public administration and the manner of functioning of public authorities, as the Act compels openness and transparency in their functioning.
What is very important is that this legislation is perceived as a boon given to the people of this country by the Parliament though at the behest of the Supreme Court] to fight corruption, to reduce corruption and to eliminate corruption totally in public administration. Corruption is a cancer, which is gnawing into the health of the society and the root cause for all incompetence, corresponding misery heaped on the people of this country, exploitation of the poor, exploitation of the gullible, exploitation of the ignorant and exploitation of the weak and helpless. At one stroke, the Right to Information Act seeks to achieve elimination of all these epidemics plaguing our society. The Right to Information Act is such a piece of powerful palliative legislation that it can work wonders for curing many ills beseeching our society if utilized in a proper manner.
It is for achieving this purpose that you have all assembled here today to find out ways and means to achieve this laudable object to help the people of this country to get over their miseries, hardships and difficulties by educating them about the possibilities of working of the Right to Information Act in a proper manner, by creating awareness about the beneficial uses of this Act by inspiring confidence in others that a healthy, desirable, positive change can be brought about in our society by the effective utilization of the provisions of this Act.
It is not as though you are all being exposed or initiated to this Act for the first time through this workshop. I am aware that most of your institutions have already taken the initiative and explored the possibilities of the effective utilization of the provisions of the Right to Information Act by holding seminars, conferences, workshops and have also a plan of action for taking the movement to fight corruption to higher and concerted levels. One such example is the pioneering work done by the JSS Law College (Autonomous), Kuvempunagar, Mysore, through a survey conducted by the students and teachers of the law college in collaboration with the Commonwealth Human Rights Initiative, New Delhi, RTI Advocacy and Research Unit, Consumer Rights Education and Awareness Trust (CREAT), Hampinagar, Bangalore and a host of other voluntary non-governmental organizations. I had the good fortune of receiving a copy of the report of the status of implementation and awareness of Right to Information Act among public authorities in Mysore city, which had been submitted to the department of personnel and administrative reforms, government of Karnataka and Karnataka Information Commission, Bangalore and I highly appreciate the good work done by the institutions and commend others also to follow the good steps by emulating and excelling them.
In my opinion, corruption breeds inefficiency as incompetent people get into positions by corrupt methods and the system gets corroded, may even collapse if not for timely checks and intervention. The Right to Information Act is a breeze of life saving fresh air, which can to a great extent enable substantial reduction in the phenomenon of corruption in public administration and ultimately lead to the total elimination of corruption in public administration.
It is no more a secret that corruption has afflicted all the three organs of the State and I as a member of the Judiciary feel ashamed and bow down my head that even the hallowed and most respected part of the State – the Judiciary has not escaped the vice grip of corruption.
The effort is to eliminate such tendencies by creating awareness amongst the general public, litigant public and even amongst the needy sections of the society so that people of this country start questioning the unacceptable conduct and activities of corrupt elements in our system and society and make it known to such corrupt elements that people of this country no more tolerate such subversive activities and illegal actions on the part of public administrators in whom the constitution and the laws have vested powers to be exercised only for the benefit of the people and for rendering service to the people and not for either covering their own misdeeds or for furthering their own private interest.
It is in this area that the provisions of the Right to Information Act comes in handy as a very useful tool, whereby knowledgeable, enlightened persons like you can gather information, using the provisions of the Right to Information Act, apprise the nature and the benefits of various social welfare schemes of the Government and inform the targeted groups of the beneficial schemes meant for them. Law students with their teachers can branch out and reach these people in the targeted and identified groups, at their doorstep, ensure that the benefits actually reach them, with your efforts and work. It is necessary to apprise the targeted groups about such efforts so that they realise as to how they are actually benefited by the utilization of the provisions of the Right to Information Act, so that the people at large not only become aware of the existence of such an useful and beneficial piece of legislation but also look up to this legislation as a friend and medium through which the benefits of the scheme are reaching them.
It was in this background and also the developments leading to the Supreme Court of India filing a writ petition before the Delhi High Court to question the legality of the order passed by the Central Information Commissioner, who by exercising his appellate power under section 19 of the Right to Information Act had reversed the order passed by the Registrar General of the Supreme Court of India acting as the Central Public Information Officer of the Supreme Court of India in denying information to an applicant regarding the number of Judges of the Supreme Court who had actually filed the particulars of their assets in consonance with the model guidelines and in house procedure which the Judges of the Supreme Court had formulated for themselves and was claimed to have been put into operation since the year 1997, that I contributed the article ‘Judges and the Right to Information Act’.
The other development, as indicated in the article which was published in two parts in The New Indian Express, news daily on 20th and 21st of August 2009, was due to the statements issued by the Chief Justice of India in the media that the Judges of the Supreme Court had reservation to declare their assets and to make it privy to public at large, apprehending possible harassment by disgruntled litigants in the society and of course the failed Bill in the Parliament to bring in legislation on the topic of ‘Judges’ disclosure of assets Bill’.
While I have noticed overwhelming response and even positive support and encouragement to the issues discussed in the article from the general public, even from amongst the professional circles and the media who have acted as a torch bearer to disseminate information relating to the Right to Information Act and have been the single largest contributor in creating awareness amongst the public about this topic, there have been sporadic criticisms of the views expressed in the article, of the justification or propriety of a sitting Judge writing an article of this nature and even very adverse reaction from the members of the judiciary itself, particularly, at the higher level as the members of the subordinate judiciary have absolutely no voice in the matter and dare not speak on the topic, having regard to their precarious and gullible position.
While the public at large welcome the suggestion that the Judges of the superior courts should not only disclose their assets but also throw it open to the public domain, the response from the judiciary, notwithstanding my impassionate appeal to all my sister and brother Judges in the superior courts to voluntarily disclose their assets and throw it open to public domain, has been very slow and tardy, but for the exceptional case of Justice Kannan who bravely chose to declare his assets and that being now emulated by the Judges of the Kerala High Court who have also, to a limited extent, disclosed the particulars of their assets on the website of the Kerala High Court.
This is the factual position notwithstanding the supreme court of India having unanimously resolved to declare their assets openly to the public at large and such a resolution on the part of the Judges of the Supreme Court having been lauded in the media and by all others as a unique and novel instance of showing extraordinary courage and statesmanship. In fact, the media went all gaga about such a resolution and opined that the High Courts had no other option but to emulate the Supreme Court and that the Judges of the High Courts are also now under pressure not only to declare the particulars of their assets but also to throw it open in the public domain. Hitherto, we have seen only the unanimous resolution of the Supreme Court, but not the implementation of the resolution in “DEED”.
The Chief Justice of India had claimed in the media that every Judge of the Supreme Court of India who had assumed office on and after the year 1997 had at the time of entering the office, declared particulars of his/her assets and furnished the same to the Chief Justice of India contained in a sealed cover that the Chief Justice of India had all such covers with him but was neither obliged to disclose that to the public nor was there any compulsion in law and as the information had been given to the Chief Justice of India in private and in trust and confidence, it was the duty of the Chief Justice of India to retain the same to himself and not make it privy to the public and others.
The Chief Justice of India while reacting to the media had asserted that in fact the Chief Justice of India had such declarations with him without a single failure in respect of all Judges appointed to the Supreme Court of India on and after the year 1997; that it was only, not being made public in the circumstances explained by the Chief Justice of India himself. The resolution passed by the Supreme Court was subsequent to these statements. If the impediment which the Chief Justice of India was confronted with earlier, for disclosing what was already with him, had been removed by the unanimous resolution of all Judges of the Supreme Court, the declaration as had been furnished by all the Judges of the Supreme Court and which was already available with the Chief Justice of India should have been made public the next moment. It is an information which had been asserted earlier, was readily available with the Chief Justice of India and which in whatever manner it was, should have been made available to inspire the confidence of the litigant public in the system, in the institution and in the Judges of the Supreme Court of India. Alas! this was not done. Instead, as is the time tested practice in legal system, an adjournment was sought for the revelation, and it was postponed by a month. Unfortunately, a month is also over, but still the particulars of the assets are not available in public domain. Added to this situation is the self invited Judgment of the Delhi High Court which had also stipulated a month’s time for making available the information sought for by the applicant and that deadline also expiring, it has come in handy to the media to come out with news items such as “THE SUPREME COURT MISSES THE DEADLINE” etc.
Most unfortunately, such developments only lead to the erosion of the public confidence and the trust the people of this country in general and the litigant public in particular have reposed in the superior courts of this country. As a Member of the Judiciary, I am embarrassed, disappointed and even feel ashamed. The further sad inference is that the Judges of the Supreme Court of India have not kept their word. It is for the people of the country to take up such issues and seek for answers from the concerned.
Though these are all matters seldom mentioned or made part of an inaugural speech like this and that too by a sitting Judge of the High Court, I have been constrained to mention these developments and to bring them to your notice for more than one reason.
Firstly, the very topic of our workshop is the Right to Information Act - 2005, and to create awareness about the Right to Information Act.
Secondly, I am of the firm belief that no one in this country including the Judges of the superior courts can claim immunity from the operation of the laws and in the present case from the operation of the provisions of the Right to Information Act, about which Act, creating awareness amongst the public at large is the object of this workshop.
Thirdly, the law is above all of us! Even above the Judges of the superior courts of this country and it is the first and primary duty of every Judge of our country to adhere to the laws, to abide by the laws, to respect the laws and be a model for all others in this regard.
If we, as the Judges of this country, do not follow these ethics and mandate, we disqualify ourselves from holding the most pious, most sacred, most trusted, most responsible post of a Judge of the superior court. It is only those who can deliver goods, who can retain this position and those who respond to the needs and aspirations of the people and those who abide by the laws themselves and also deliver justice to the people in accordance with laws, who can remain here and not any other person.
All public servants are accountable and answerable to the people of this country who are the masters and who have the sovereign power in a republic and our constitution having chosen the socialistic, democratic, secular, republican form of governance, all public servants have to answer the questions posed by the masters i.e., the people of this country.
I can’t do better than to quote the dissenting opinion of Justice K K Mathew articulated in the Judgment of the Supreme Court in the case of ‘STATE OF U.P. vs. RAJ NARAIN’ reported in AIR 1975 SC 865 which now forms the bedrock of the Right to Information Act and is not only endorsed by the later Judgments of the Supreme Court including in the case of PEOPLE’S UNION FOR CIVIL LIBERTIES vs UNION OF INDIA [AIR 2002 SC 2112 = (2003) 3 SCC 399], but also has found legislative recognition in the Right to Information Act. I quote,
“In a government of responsibility like ours, where all the agents of the public must be responsible for their conduct, there can be but few secrets. The people of this country have a right to know every public act, everything that is done in a public way, by their public functionaries. They are entitled to know the particulars of every public transaction in all its bearing. The right to know which is derived from the concept of freedom of speech, though not absolute, is a factor which should make one wary, when secrecy is claimed for transactions which can, at any rate, have no repercussion on public security. To cover with veil of secrecy the common routine business, is not in the interest of the public. Such secrecy can seldom be legitimately desired. It is generally desired for the purpose of parties and politics or personal self-interest or bureaucratic routine. The responsibility of officials to explain or to justify their acts is the chief safeguard against oppression and corruption.”
I may be a Judge incidentally, but basically I am also a citizen of this country. Article 19[1][a] assuring freedom of speech, subject to reasonable restrictions, is a fundamental right of all citizens. That is what the Constitution guarantees and it is the duty of the courts to protect this fundamental right given to the people of this country.
Persons occupying public positions should not be very sensitive to criticisms but should respond to criticism in a positive manner and try to convince the people of this country by their performance and not by other methods.
All powers vested and conferred on public functionaries including the Judges are powers given to them for being exercised to provide protection to the people, to uphold their rights, to resolve their problems in accordance with law and to find a solution in consonance with the laws and the constitution. No power is given to any public authority for promoting one’s own private interest or even to cover up one’s own misdeeds. If that is the case, it is nothing but a gross abuse of the power, be it a public servant functioning as an executive or a legislator or even as a Judge. It is high time that Judges of this country also realize this truth and this reality and respond to the needs and aspirations of the people in a very proper manner, in consonance with the laws and the constitution.
It is the duty of all right thinking people, academicians like you to debate, to discuss about the developments in the society, about legal aspects and issues and analyze and criticize the Judgments of the superior courts so that if there is any mistake or error even in a Judgment of the superior court, that can be corrected by the concerned court if not in the very case, at least in the future cases so that the right thing is done, wrongs are put to an end to and ultimately justice prevails. Refer to Justice V R Krishna Iyer’s article “Everything for Justice” in The Hindu, newsdaily dated 31.08.2009.
It is for this reason, I have dwelt upon this topic a little elaborately and urge upon all enlightened professionals in the legal field and you law teachers to take up such causes, educate the public and people of this country, guide the law students in the right direction, create awareness amongst them in the various day to day developments in the society and to impart the skill and knowledge to them to view things from a legal angle and the right legal perspective so that when they graduate and enter the legal profession, they can find solutions for the problems of the litigants in accordance with law, in consonance with the laws, before the courts of law meant for the purpose.
It is for working out a commensurate module for this purpose, that the law teachers with their students are involved in this task and the deliberations in today’s workshop are oriented towards it under the most dynamic and enterprising leadership of Dr. J S Patil and with professors of ability with equal zeal and knowledge such as Prof. Vijaya Kumar of the National Law School of India University, Bangalore, Sri. Manjappa, Director of faculty of Law at the Law University and Ashok Alagalli – Advocate. I am sure the deliberations will be meaningful, the debate of high quality and the result productive to arrive at an appropriate module.
I thank you and wish you all success in this regard. My thanks for showing the courtesy of patient listening to my otherwise mundane sermon.
You are all welcome to relate your experiences and provide us the feedback so that we can keep improving our methods and efforts.
Thank you. (D.V.SHYLENDRA KUMAR) Judge, High Court of Karnataka, |