SC reserves judgement on plea seeking court staff details
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The Supreme Court reserved judgment on a plea seeking court staff details, seeking arguments from parties within two weeks, the 24NewsHD TV channel reported on Wednesday.
A citizen, Mukhtar Ahmed Alvi, filed the petition demanding details of the top court staff from grade 1 to grade 22.
He demanded details of the number of women, transgender, disabled, permanent and temporary employees of the court.
He also asked for a certified copy of the rules of service in the court and stated that the registrar's office is separate from the court.
Mukhtar claimed to have demanded the details for the transparency of the court saying that only the transparent institutions can make independent decisions.
Upon Chief Justice Qazi Faez Isa’s inquiry about the reason for his demand, the petitioner said that he was not liable to answer under the Right to Information Act. He said that the law does not exempt any constitutional body from access to information.
Chief Justice asked about the response submitted by the registrar's office to the Information Commission to which the Attorney General replied that the Registrar's Office told the commission to withdraw the order. The Registrar stated that the Information Commission cannot issue an order related to the Supreme Court.
Justice Athar Minallah said that SC moving a court as a petitioner is unimaginable and the rules do not authorize the registrar to become a petitioner on the court’s behalf.
The Attorney General said that no writs could be issued against the SC but this matter went to the High Court on writ and a single bench gave a verdict. Supreme Court is not immune to Article 19A and hence, the procedure for giving information by the court might be regulated.
Chief Justice said that a solution to this matter is that the details be posted on the website but what if one of the employees does not want to share his details? The petitioner would have no choice if the application was rejected by the information commission. Justice Athar Minallah argued that the SC is not bound to obey the Information Commission’s orders and the judiciary is not independent if the SC has to stick to their orders.