The High Court of Karnataka on Monday refused to interfere in appointment of Karnataka State Information Commissioners (SICs).
A Division Bench comprising Chief Justice D.H. Waghela and Justice B.V. Nagarathna passed the order dismissing a public interest litigation (PIL) petition filed by S. Umapathi, an RTI activist, questioning selections made to these posts by a committee [as prescribed in the RTI Act] headed by the then Chief Minister B.S. Yeddyurappa. According to the petition, some of the persons selected to the posts of SICs were associated with political parties, including the then ruling party BJP, and a few were facing criminal cases. The apex court’s verdict that retired High Court judges should be appointed to these posts was also cited. However, it was pointed out to the court that the apex court in September 2013 reviewed its earlier verdict on appointing retired judges to these posts. It had given way to appoint professionals and people from different walks of life as contemplated in the RTI Act, provided that they discontinued their existing profession/job during the period of appointment.
Retired IPS officers D. Thangaraj and M.R. Pujar; T. Rama Naik, an advocate and social activist from Shimoga, and Shekhar D. Sajjanar, a medical practitioner from Gadag, were selected for the posts of SICs by the committee, headed by the then Chief Minister B.S. Yeddyurappa. Leader of the Opposition in the Legislative Assembly Siddaramaiah and Minister V.S Acharya were members of the committee.
While retired IAS officer A.K.M. Nayak was appointed as Chief State Information Commissioner, D. Thangaraj, a retired IAS officer, M.R. Pujar, a retired IPS officer, T. Rama Naik, an advocate and social activist from Shimoga, and Shekhar D. Sajjanar, a medical practitioner from Gadag were selected as SICs
The petitioner had stated that Mr. Naik was a BJP member in the Shimoga ZP, and Dr. Sajjanar had contested Assembly elections from Mundaragi constituency in 2004. There was also a criminal case against him.