Chennai Police arrest RTI applicant for refusing to stand at hearing

An RTI activist was arrested by police from the Tamil Nadu State Information Commission (TNSIC) premises after he strongly protested against him being disallowed from sitting down during hearing of his case at the commission's headquarters in Teynampet in Chennai on Wednesday. 

Though there is no specific rule that an RTI applicant should remain standing during an appeal, but when NGO Satta Panchayat Iyakkam (Legal Panchayat Movement) president Siva Elango asked for a chair during the hearing of an appeal preferred by him, Chief Information Commissioner K S Sripathi and commissioner S F Akbar refused to accede to the request. 

TV Grab of Siva Elango giving an interview to a channel

When the SPI president himself ventured to take a chair, the commissioners informed the Teynampet police and lodged a formal complaint. Police picked up Elango from the TNSIC headquarters and booked him under IPC Sections 353 (preventing a government servant from discharging his duty), 294 (b) (obscenity) and 506 (1) (criminal intimidation). 

Police presented Elango in a magistrate's court, which remanded him in judicial custody for 15 days. Elango is currently in Puzhal Central Prison here.

Siva Elango is the state president of Satta Panchayat Iyakkam which runs a campaign against corruption in government machinery.

Elango came to attend the proceedings of the Information Commission with his colleague after he was called for a hearing on his appeal. He had sought to know through an RTI application why the state government was giving advertisements to only select newspapers.

Meanwhile, in protest against the arrest of Elango, his colleagues at Satta Panchayat Iyakkam are planning to stage a sit-in in the Information Commission premises at 2.30 pm tomorrow, a member of the NGO said.

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Reacting to the development, former Central Information Commissioner, Mr. Shailesh Gandhi wrote in his post on facebook : “I feel this is an insult to the sovereignty of the citizen. Every citizen must get the right to sit when deposing before any judicial or quasi-judicial authority. An insistence that a citizen must stand in such situations is feudal, and an insult to the dignity and respect to human rights. These must be discontinued in all forums, and citizens should insist on this.”

Supreme Court criticises UGC over slow pace of conducting verification of physical infrastructure and faculty strength of deemed universities black listed by a Centre-appointed Committee

The Supreme Court on Thursday came down heavily on the University Grant Commission (UGC) for going into “slumber” over conducting verification of physical infrastructure and faculty strength of deemed universities, which were black listed by a Committee appointed by the Centre.

Supreme Court of India

 “Why are you moving on at a snail’s pace,” a Bench of Justices Dipak Misra and Vikramajit Sen asked the UGC when it was told that the UGC has not yet submitted the report on seven such universities to the Centre.

“UGC is not waking up. You are a statutory body but unfortunately you are not doing your statutory duty,” the Bench remarked and added that “there is a need for you to come out of the slumber”.

The remarks were made when Additional Solicitor General Maninder Singh, appearing for UGC was trying to explain the circumstances for the delay by submitting that there was a need to modify the apex court order as the commission cannot go the way P N Tandon committee made categorisation of the deemed universities like “A”, “B” and “C” depending on the fulfilment of criteria. The UGC said it can only do the inspection and after seeking response of such universities, place the report with the Centre which has to express its view before the Apex Court.

Taking note of the submission of UGC, Centre and other stakeholders, the Bench asked the Commission to comply with its direction issued on 26 September 2014 on seven such universities and in respect of Gurukul Kangra Vishwavidyalay, within four weeks on physical verification.

The Bench also asked the Ministry of Human Resources Development to place its views before the Court within a week, following which, it posted the matter for hearing on  February 23, 2015. 

Supreme Court publishes revised guidelines for engaging Law Clerks for short-term contractual assignments

The Supreme Court of India, on 08.01.2015 has published revised scheme/guidelines with respect to engagement of law Clerk-cum-Research Assistants on short term contractual assignment by the Hon’ble Chief Justice and the Hon’ble Judges of the Apex Court.

Supreme Court has issued revised guidelines to regulate appointment of law clerks

As per the new revised guidelines, Selection process for engaging Law Clerks shall be initiated by notifying requirement and inviting applications online from willing and eligible candidates by way of publishing an advertisement. 

In the month of January every year, the Registry will invite applications which are required to be submitted online with scanned signature andphotograph. Applicants studying fifth year of the five-year integrated law course , are required by the revised guidelines, to submit attested copies of their grade-sheet/marks card/transcripts until the end of the fourth year.

The revised guidelines formulated by the Supreme Court state that since large number of applications are expected to be received from eligible candidates all over the country, method of Screening shall be followed for filtering the candidates and, for the said purpose, a National Level Written Examination shall be conducted at four major cities across the country, i.e. ,Delhi, Mumbai, Bengaluru and Kolkata, at Test Centres to be notified from

time to time.

“The duration of the Written Test will be of three hours. The Question Paper for the Test will contain 150 questions with multiple choice answers. Each question shall carry 1 mark. There shall be negative marking and 0.25 marks shall be deducted for each incorrect answer.”, says the revised guidelines issued by the Supreme Court in the matter of appointment and selection of law clerks in the Court.

The Minimum qualifying marks for the said Written Test has been prescribed as 60% in aggregate with minimum 50% marks for each of the two Sections, namely, Section I, containing Questions relating to General English and General aptitude/awareness and Section II being questions related to the Indian constitution, Indian penal code, Civil Procedure Code etc.

A Committee of Hon'ble Judges constituted by the Chief Justice will interview the eligible candidates. The Interview, which will be held in the month of May/June every year in the Supreme Court premises at New Delhi, will carry 30marks with 15 marks being minimum qualifying marks. The guidelines state that in addition to being a General Interview, the candidates will also be asked questions relating to Law.

On the basis of the marks secured by the candidates in the Written Test and Interview, a merit list shall be drawn wherefrom the Committee of the Hon'ble Judges of the Supreme Court will recommend sufficient candidates, in order of merit, to be kept on the panel of Law Clerk-cum-Research Assistants for assignment during the next assignment session. After receipt of the recommendations of the Committee, the Hon’ble Chief Justice will approve the formation of a panel as per requirement for the assignment session and order for attachment of one or two Law Clerk(s) to each of the Hon'ble Judges including the Chief Justice himself, according to seniority, as may be required by the judges.

Law Clerks so selected and attached to the Hon’ble Judges, will be paid a fixed consolidated stipend of Rs.30,OOO/- per month without any dearness or other allowance/perquisites. 

The guidelines lay down the duties and responsibilites of a Law Clerk as including the following:-

“(i) Preparing brief summary of fresh admission matter;

(ii) Preparing synopsis of regular hearing matters;

(iii) Sitting in the Court during hearing of regular matters and noting down

all the arguments;

(iv) Carrying out research work for assisting the Hon'ble Judge in

preparation of draft judgments;

(v) To assist the Hon'ble Judge to prepare speeches and academic

papers; and

(vi) To perform any other work as directed by the Hon'ble Judge.”

On successful completion of term of assignment by a Law Clerk, he/she will be issued a Certificate by the Registrar (Admn.I), in form as is prescribed in Schedule-II to the scheme.

The revised scheme/guidelines framed by the Supreme Court of India for engagement of law clerks and published on 08.01.2015 can be accessed here