Central Information Commission
Mr. Asha Kurian vs Supreme Court Of India on 9 January, 2012
Central Information Commission, New Delhi
File No.CIC/WB/A/2010/000155SM
Right to Information Act2005Under Section (19)
Date of hearing : 9 January 2012
Date of decision : 9 January 2012
Name of the Appellant : Ms. Asha Kurian,
A87, Nehru Gali, Mandawali Extn.
Delhi - 110 092.
Name of the Public Authority : CPIO, Supreme Court of India,
New Delhi.
The Appellant was not present in spite of notice.
On behalf of the Respondent, the following were present:
(i) Smt. Asha Ahuja, Br. Officer,
(ii) Ms. Priyanka Telang, Avocate
Chief Information Commissioner : Shri Satyananda Mishra
2. The Appellant did not turn up for the hearing in spite of notice. The Respondents were present and made their submissions.
3. The Appellant had requested the CPIO for a number of details about the report of the Claims Commissioner appointed by the Supreme Court in the matter of DDA vs Skipper Construction and another. The CPIO had informed him that the report had been incorporated in the order of the Supreme Court CIC/WB/A/2010/000155SM and, therefore, he might obtain a certified copy of the report under the provisions of the respective rules and orders of the Supreme Court. The Appellate Authority had also endorsed this decision of the CPIO.
4. The report of the Claims Commissioner, now a part of the Supreme Court order is a judicial document. The Supreme Court has already in place a mechanism for providing certified copies of judicial records to the parties as well as to strangers. A citizen seeking certified copies of such orders or documents would have to approach the Supreme Court in terms of the procedure prescribed under its rules and orders and not under the Right to Information (RTI) Act. For copies of all other documents held by the Supreme Court except the judicial records, a citizen can, however, approach the CPIO under the Right to Information (RTI) Act. Besides, it is in the report of the Claims Commissioner that the basis for his recommendations will have to be found out; the CPIO cannot be expected to interpret such an order or report and give his own opinion about the grounds for the Claims Commissioner arriving at certain conclusions. Therefore, in the present case, there is no further information to be shared by the CPIO. The Appellant is advised to obtain a copy of the report from the Supreme Court by following the procedure prescribed under the relevant rules and orders.
5. The appeal is disposed off accordingly.
6. Copies of this order be given free of cost to the parties.
(Satyananda Mishra) Chief Information Commissioner CIC/WB/A/2010/000155SM Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Vijay Bhalla) Deputy Registrar CIC/WB/A/2010/000155SM