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Collegium a multi-member body whose tentative decision cannot be brought in public domain: Supreme Court

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New Delhi, December 9

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The Supreme Court on Friday dismissed a plea seeking to disclose the details of a collegium meeting held on December 12, 2018 under the Right to Information Act.

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A bench of Justices MR Shah and CT Ravikumar said that only resolutions drawn and signed by all collegium members can be said to be a final decision. Tentative resolutions drawn upon discussion and consultation among the members cannot be said to be final unless they are signed by all of them, it said.

“Collegium is a multi-member body whose tentative decision cannot be brought in the public domain,” it said.

The top court said it cannot place reliance on media reports and the interview of a former member of the collegium and doesn’t want to comment on statements made by the former judge.

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In a resolution passed on January 10, 2019, the collegium, whose combination was changed due to the retirement of Justice MB Lokur, mentioned that in its meeting on December 12, 2018 only consultations were held on certain names but no final decision was taken.

The top court passed the verdict on a petition by RTI activist Anjali Bhardwaj against a Delhi High Court order dismissing her plea seeking the agenda of the Supreme Court Collegium’s meeting held on December 12, 2018, when certain decisions were purportedly taken on the elevation of some judges to the apex court. 

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