SHIVANI KAUSHIK Vs. UNION OF INDIA

JUDGEMENT

(1.) This order is in continuation of our order No.19 dated 12.05.2021.

(2.) The Constitution Bench (Five Judge) of the Hon ble Apex Court in State (NCT of Delhi) Vs. Union of India, 2018 8 SCC 501 , while elaborately dealing with the concepts of democracy; democratic spirit; representative participation; constitutional morality and values; constitutional governance and executives; parliamentary democracy and collective responsibility of cabinet; democracy and federalism; constitutional objectivity; constitutional responsibility; collaborative federalism; pragmatic federalism; constitutional renaissance, inter alia observed that:

(3.) Our discussion with Sri Lalit Kishore, learned Advocate General, Bihar as instructed by Sri Amir Subhani, Development Commissioner, Bihar and Sri Santosh Kumar Mall, Secretary, Department of Information and Technology, Government of Bihar, Patna has resulted in our conclusion that the Government, be it for whatever reason, is most reluctant to put in the public domain the number of deaths which occurred in Bihar during the last one year, i.e. during the time of Pandemic Covid-19. In our considered view, the resistance is uncalled for, for such action is neither protected by any law nor in consonance with good governance's settled principles. The Government, while correcting its myopic approach, only needs a reminder that To cover with veil of secrecy, the common routine business, is not in the interest of the public. Such secrecy can seldom be legitimately desired. is what Hon ble the Supreme Court had said in State of U.P. v. Raj Narain, 1975 4 SCC 428.