SC denies details of BCI meeting under RTI Act

The Supreme Court has declined to disclose under the RTI Act details on a representation letter, action taken report and file notings related to a meeting of Bar Council members demanding setting up a regional bench of the top court in South India.

Responding to a query, the top court said that the details shared under the fiduciary relationship cannot be provided for being "third party" information and are exempt from disclosure under the transparency law.

A group of Bar Council members had on July 26 met with the Chief Justice of India demanding action on setting up a regional bench of Supreme Court in South India.

Amritpal Singh Khalsa, an advocate from Ulhasnagar in Maharashtra filed an application under the Right to Information Act on August 27 with the office of CJI, seeking a copy of the "proposal, representation, memo or letter of July 26 submitted with the CJI", action taken report, entire file notings and any letter, order, email or memo issued by the CJI to any dignitary in this regard.

In its reply, the Supreme Court's CPIO said, "The document/notings cannot be provided for being third party information and exempt in view of provisions of Sections 8(1)(e), 8(1)(j) and 11(1) of the RTI Act, 2005".

With regard to the query on the action taken report, the response said, "the representation was directed to be lodged/filed."

In this case, the RTI application filed with the office of the CJI was replied to by the Supreme Court. The Supreme Court's Constitution bench had in 2019 declared the office of the CJI a public authority under the RTI Act.

Notably, a delegation of members of the Bar Council of five southern states, Tamil Nadu, Karnataka, Kerala, Andhra Pradesh and Telangana had met the CJI and Vice President M Venkaiah Naidu on July 26 and gave a representation for setting up a bench of the Supreme Court in South India.