The Central Information Commission has held that the Right to Information (RTI) Act cannot be used to get details of orders or judgments from the Supreme Court or the High Courts.
Significantly, the transparency panel clarified that since the Supreme Court as well as High Courts prescribed their own set of rules for providing judicial records, the information seekers could not use the RTI Act for that purpose.
“We have very clearly held that the Right to Information (RTI) Act does not override the provisions of such rules and orders made by the Supreme Court or the High Courts as there is nothing inconsistent in those rules and orders.
“Section 22 of the Right to Information (RTI) Act comes into play only in cases of inconsistency in any existing law. Since the disclosure of information is the common objective of both the Right to Information (RTI) Act and the rules and orders of the Supreme Court and High Courts, the latter will continue to prevail in matters of disclosure of certified copies of judicial records,” Chief Information Commissioner Satyananda Mishra said.
The Commission was hearing an appeal filed by Delhi resident Het Ram challenging the decision of the Chief Public Information Officer (CPIO) of the Supreme Court directing him to approach the particular department under the relevant rules to get a copy of an order passed on his application filed in 1992.
Ram wanted to know the “fate” of his application filed in connection with a special leave petition (SLP) pursued by him.
During the hearing before Commission, the SC officials submitted that Ram could seek the copy of the order after filing an application under rules.
The panel headed by Mishra allowed the contention of the apex court. “We have also held that wherever any citizen is seeking the certified copy of any judicial record from the Supreme Court or the High Court, he should get such copies from the respective court under the respective rules and orders of the court and not under the Right to Information (RTI) Act,” the panel held.
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