SC CANT REFUSE INFO IF PLEA FILED UNDER RTI, SAYS CIC

Commission Overturns Its Earlier Decision On Judicial Matters

The Central Information Commission (CIC) has overturned its own decision and ruled that the Supreme Court cannot deny information on judicial matters if an applicant has asked for it under the Right to Information Act.

As of now, information disclosure related to a person’s own case could be applied to the Supreme Court under the Right to Information Act. But in case the information related to judicial matters of a third party, the Supreme Court had ruled that application must be made under court rules. Rule 2 of theSCRules says the applicant must establish “good cause’’ before disclosure is made, which according to the CIC goes against the Right to Information Act.In his order, information commissioner Shailesh Gandhi said that he disagreed with former chief information commissioner Wajahat Habibullah’s decision.

His order said, “This bench further rules that all citizens have the right to access information under Section 3 of the Right to Information Act and PIOs shall provide the information sought to the citizens, subject always to the provisions of the Right to Information Act only.’’He added, “It is the citizen’s prerogative to decide under which mechanism, that is under the method prescribed by the public authority or the RTI Act, he would like to obtain the information.’’

The decision came after Gurgaon resident R S Mishra had asked for information related to letters he had written to the Supreme Court. The apex court had denied the information on the argument that theSChad a specific provision by which information was furnished under Order XII of the Supreme Court Rules and hence, information relating to judicial matters could be provided only under that provision. The Supreme Court PIO further argued that since the then chief information commissioner had upheld this contention, their arguments before this commission were already covered under the said decisions.