Is the Supreme Court avoiding a RTI query on Abhishek Singhvi CD row?  

May 29, 2012

Noted RTI activist Subhash Agrawal raises serious issues concerning alleged immorality in appointments to the higher judiciary—an issue that has also agitated a lawyers’ body

Moneylife Digital Team

Delhi-based Subhash Agrawal, also a well known Right to Information (RTI) activist has requested the Supreme Court, to take suo moto cognizance of media reports about a compact disk (CD) involving senior lawyer and Congress spokesperson Abhishek Manu Singhvi.
 
“Supreme Court should take sue-moto cognizance of media reports about some CD which is alleged to have a sting on a leading politically influential lawyer allegedly in a chat with some lady advocate offering his influence in assisting her for being appointed a judge in a high court through some give-and-take offer,” Mr Agrawal said.
 
Mr Agrawal says in a release to the media that since it is a serious matter relating to the appointment of judges, “the apex court should order an enquiry directly under its supervision”  and verify the CD through an independent laboratory of repute (may be a foreign one) to check if the CD is doctored or not. He says, this is necessary, because the prime accused in the FIR (first information report) lodged with the police has allegedly entered into a ‘compromise” with the prominent lawyer who figures in the CD.
 
In this connection, Mr Agrawal has raised several questions through his RTI application. They are:
 
1.      Has the Honourable Chief Justice of India and/or other/s concerned at Supreme Court taken cognizance of widespread media reports (including also on social network websites) about a CD involving leading advocate and Parliamentarian Shri Abhishek Manu Singhvi, where even some mention of interference in judicial appointments is also reported on social network sites?
 
2.      If yes, complete and detailed information on action taken on the complete episode and to verify authenticity of the referred CD, and also for an independent probe in the complete matter especially in order to clear air about judicial appointments
 
3.      Is a copy of the referred CD been made available with any concerned one at Supreme Court?
 
4.      If yes, complete and detailed information on action taken to verify authenticity of the referred CD mentioning also if the said CD has been sent to any laboratory for analysis, and name of the laboratory where the CD is sent for analysis
 
5.      Complete and detailed information on action taken on each and every aspects of my submissions dated 20 April 2012 “Is CD relating to a leading lawyer authentic” also e-mailed at Supreme Court (copy enclosed for ready reference)
 
6.      Name/s of person/s having recommended name/s of Anusuya Salwan, Abhinav Vashisht, Rajiv Virmani, Meenakshi Arora and Mahinder Acharya as judges at the Delhi High Court (subsequently sent for review by Honourable Chief Justice of India Justice SH Kapadia) as also referred in enclosed news report “Kapadia for review of Delhi High Court move on five new judges” (IANS 01.06.2010)
 
7.      Any other related information
 
8.      File-notings on movement of this RTI petition as well
 
According to Mr Agrawal the Chief Public Information Officer (CPIO) declined to provide information on query no1 to 4 and 6 on grounds that he was asking to authenticate some news reports. He said, “In an earlier RTI response, the CPIO had confessed about a system at the Supreme Court that takes cognizance of news reports. Therefore, my query in plain English was if the enclosed news report was taken cognizance or not at Supreme Court.”
 
In his first appeal to the Registrar and Appellate Authority of the Supreme Court, Mr Agrawal said, “Since query numbers 2 to 4 and 6 also emerge from query no 1, I appeal that the learned CPIO may kindly be directed to provide information to these queries as well but with sought and related documents.”