Central Information Commission
Shri Ajit Kar vs Supreme Court Of India (Sci) on 19 February, 2009
CENTRAL INFORMATION COMMISSION
Appeal No.CIC/WB/A/2007/01458 dated 27.11.2007
Right to Information Act 2005 - Section 19
Appellant - Shri Ajit Kar
Respondent - Supreme Court of India (SCI)
Facts:
By an application of 10.8.07 Shri Ajit Kar of Satya Nike tan, New Delhi applied to the CPIO & Dy. Registrar (Admn), Supreme Court of India, seeking the following information:
"1. Please give the name & address & phone No. of each departmental head in the Supreme Court of India also write briefly each of their power & functions.
2. Please write whether judges in Court using the worth like tu, tumne, tera etc. while talking with the accused of all category and if so then please inform whether it has been rule or a discretion. That accused who should be presumed to be innocent are to be indecently behaved?
3. Please give a list of the Judges along with their official & residential telephone number.
4. Please inform which cases are directly received by law by the Supreme Court and what procedural laws are followed here for trial.
5. Please inform can any layman himself file a case in the Supreme Court of India and can he plead himself without the help of an advocate.
6. Please inform can any layman be used as a pleader to plead in the case of any other person on his authorization and with the permission of the Court.
7. Please inform why people like Sukhram, Lalu Prasad, Chandra Swami, Sanjay Datta ( in TADA case) are getting bail easily but in small cases many poor or innocent or educated people have been languishing in the Jail.1
8. Please inform how much salary each Judge in the Supreme Court gets per month and how much the registrar gets per month.
9. Please inform what are the criteria of the appointment of Judges & registrars in the Supreme Court of India.
10. Please inform how are the advocates allocated chambers in the Supreme Court of India?
11. Please inform the name, address & telephone Nos. of each registrar, Deputy Registrar, Addl. Registrar presently working in the Supreme Court of India?
12. Please inform what type of recruitment the Supreme Court directly does who are the responsible officer or which is the responsible department in this regard.
13. Please inform how are the public prosecutors appointed and allotted chambers in the Supreme Court of India and write what are their powers & functions.
14. Please write if there is any website of getting all Supreme Court decision in daily basis and is there free access or there is paid access please give the address of the site.
15. Please inform is there any legal aid system in the Supreme Court of India, who is the departmental head & name if there is any PIO give his address & phone No. and that of this legal aid office.
16. Please inform is there any special format and modus operandi to file a case in the Supreme Court of India and is there any restriction if so please write in detail.
17. Who is the administrational head in the Supreme Court of India to see the official work, please give his name, rank, address & phone No.
18. Please write can a complaint or case be filed through internet or any other electronic aid in the Supreme Court of India?
19. Please inform how many libraries are there, give their address, how many books of all the countries of the world 2 available, whether a layman can have access into it to read or not if yes what is the procedure if no then why?
20. Please inform to get certified copy of any judgment what should be done if there is any form in this regard please send a copy of the same & write in how many days the copies can be available.
21. A fee of Rs. Ten has been deposited in the office of the authorized person vide I P order 59 E 121148 dated 10.8.07 enclosed herewith.
22. Please do write the name and address of the officers from whom the PIO wanted the above stated information but the officer denied thereto.
23. Please give the Name, rank & address of the 1st & 2nd appellate authority.
24. Please give the authority and his address in whose name fee if any to be paid relating to the documents to be given to the applicant. Write the exact No. of pages of document and the exact amount to be paid if you want to be paid by the applicant without fail.
25. Please give the name, rank address, mobile & landline telephone No. (official and residential) e-mail address (website if any) of the following officers (i) APIO (ii) PIO (iii) 1st Appellate authority and (iv) 2nd Appellate Authority (v) Chief Administrative Officer of your office."
To this he received a response on 7.9.07 pointwise as follows:
"1. List I & II are enclosed.
2. The information is not held by or under the control of the CPIO, Supreme Court.
3. List III enclosed.
4. As provided under the Constitution and Law as also under the Supreme Court Rules, 1966.
5, 6&18 Any person may file his case either in person or through Advocate-on-record in accordance with the law and Supreme Court Rules, 1966 at the filling counter of the 3 Registry or by way of E Filing and plead his case before the Hon'ble Court. The information relating to the E-Filing can be downloaded from the Supreme Court website viz www.supremecourtofindia.nic.in. For further details, access website or contact Registrar (CC) Tel No. 91-11-23388556; E-Mail: [email protected].
7. It is beyond the jurisdiction and scope of the CPIO, Supreme Court of India to interpret the law, opine, comment and advise on matters.
8. Hon'ble the Chief Justice of India and the Hon'ble Judges are entitled to draw monthly pay emoluments as mentioned below under sections 12A and 23(B) of the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958:-
Chief Justice Judge
Pay Rs. 33,000/- Rs. 30,000/-
Dearness pay Rs. 16,500/- Rs. 15,000/-
Sumptuary Allowance Rs. 10,000/- Rs. 7,500/-
CCA Rs. 300/- Rs. 300/-
Dearness Allowance Rs. 17,325/- Rs. 15,750/-
TOTAL Rs. 77,125/- Rs. 68,550/-
9. Hon'ble Judges are appointed as per the provisions contained in Article 124 of the Constitution of India.
The Registrar of the Supreme Court of India is appointed by the Hon'ble the Chief Justice of India as per the provisions contained in Article 146 of the Constitution of India and the Supreme Court (Officers and Servants) Service and Conditions of Service and Conduct Rules, 1961.
10. As per Rule 4 of allotment of Lawyers Chambers (as amended up to 15th May 2005) the allotment of the chambers of the Advocates are made in accordance with the Roster maintained in the following order:-
"The first four vacancies be allotted to advocates-on-record, the fifty vacancy to the Junior Advocate (Non Advocate-on- Record), sixth seventy and eighth vacancies to the Advocates-on-record, ninth vacancy to Senior Advocates and the cycle shall be repeated in the above order."
However, the allotments are made with certain other conditions.
11. List I is enclosed.
412. The posts filled up by way of direct recruitment in the Registry of the Supreme Court of India inter alia include Chamber Attendant (Toilet), Chamber Attendant (Room), Junior Court Attendant, Process Server, Chauffeur, Junior Court Assistant, Personal Assistant, Senior Personal assistant, Senior Court Assistant for the Supreme Court Museum, Assistant Librarian, Court master (shorthand), Chief Librarian, Assistant Editor (Supreme Court Reports), Director (Library), Editor (Supreme Court Reports), Joint Registrar (Ex-cadre). The work relating to recruitment is looked after the Administration Section-I which is under the supervision of the Registrar and Secretary General.
13. Appointment of the public prosecutors is not made by the Supreme Court of India.
14. You can access the Supreme Court website viz www.supremecourtofindia.nic.in for daily orders of Supreme Court which is free of cost.
15. Supreme Court Legal Services Committee provides legal and advise to the litigants.
Shri T. K. Barua, Central Public Information Officer under the Right to Information Act, 2005, Supreme Court Legal Services Committee, 109, Lawyers Chambers, Supreme Court Compound, New Delhi.
Shri R. C. Seth, Secretary, 1st Appellate Authority under the Right to Information Act, 2005, Supreme Court Legal Services Committee, 109, Lawyers Chambers, Supreme Court Compound, New Delhi.
16. Case are filed as per the Supreme Court Rules, 1966.
17. Shri V. K. Jain, Secretary General.
19. Supreme Court Judges Library for the Hon'ble Judges only.
In all about 2,50,000 books are available in the Registry.
20. Certified copies can be obtained under Order XII, Supreme Court Rules, 1966 by filed application at the counter of the Copying Section.
22. Not applicable.
523. Shri Sunil Thomas, Registrar, Supreme Court of India is the First Appellate Authority, under the Right to Information Act, 2005.
24. Registrar (Admn.).
25. Please see list of names and addresses."
Not satisfied, however, appellant Shri Kar moved his first appeal before the First Appellate Authority, Supreme Court of India on 20.9.2007. In Para 8 of the facts that he has cited for the appeal, Shri Kar has stated that "The appellant found no reply by the respondent to points No. 1-25." Shri Sunil Thomas, Appellate Authority, Supreme Court of India, after noting that " Even though appellant was offered an opportunity of being heard, he did not advance any oral submissions", has concluded as follows:
"It is seen that CPIO has supplied information to all questions except question Nos. 2 and 7. Question No. 2 related to query whether Judges in Court use the word "Tu", "tumme", "terra" etc. 7th Question was why few named persons therein got bail easily but poor or innocent or educated people languish in jail. The former question was answered by the CPIO to the effect that the above information was not held by him. The letter was answered by stating that it was beyond the scope of CPIO, Supreme Court of India to interpret the law, opine, comment and advise on matters.
A perusal of Appeal Memorandum would disclose that the Appellant has not specifically challenged any of the replies given by the CPIO. He has not asserted that CPIO has withheld, or not divulged any information held by him. The Appellant has also not mentioned that even the answers to question Nos. 2 and 7 are incorrect or insufficient. The Appellant has only generally challenged the impugned order. No ground for interference has been made out.
In the result, the Appeal fails and is dismissed."
In his prayer before us in second appeal Shri Kar has sought the following relief:
"1. That the respondent may be ordered to supply specific accurate information in time & let them reply the questions raised in this appeal.6
2. That the cost may be granted to the appellant.
3. That any other relief this commission deems fit may award in favour of the appellant in the interest of justice."
He has specifically expressed his dissatisfaction with answers received to Q. Nos. 2, 6, 7 & 13 of his application. The appeal was heard on 13.2.2009. The following are present:
Appellant Shri Ajit Kar Respondents Shri Raj Pal Arora, CPIO / Addl. Registrar, SCI Shri Vivek Singh, Advocate (for Shri Amit Anand Tiwari, Counsel for SCI) The specific questions regarding which appellant Shri Ajit Kar has expressed dissatisfaction were examined together with responses provided. These are as follows:
Q. No. Question Answer
2 Please write whether judges The information is not held by or
in Court using the worth like under the control of the CPIO,
tu, tumne, tera etc. while Supreme Court.
talking with the accused of all
category and if so then please
inform whether it has been
rule or a discretion. That
accused who should be
presumed to be innocent are
to be indecently behaved?
6 Please inform can any Any person may file his case
layman be used as a pleader either in person or through
to plead in the case of any Advocate-on-record in
other person on his accordance with the law and
authorization and with the Supreme Court Rules, 1966 at
permission of the Court. the filling counter of the Registry
or by way of E Filing and plead
his case before the Hon'ble
Court. The information relating
to the E-Filing can be
downloaded from the Supreme
Court website viz
www.supremecourtofindia.nic.in.
7
For further details, access
website or contact Registrar
(CC) Tel No. 91-11-23388556;
E-Mail: [email protected]
7 Please inform why people like It is beyond the jurisdiction and
Sukhram, Lalu Prasad, scope of the CPIO, Supreme
Chandra Swami, Sanjay Court of India to interpret the
Datta ( in TADA case) are law, opine, comment and advise
getting bail easily but in small on matters. cases many poor or innocent or educated people have been languishing in the Jail.
13 Please inform how are the Appointment of the public public prosecutors appointed prosecutors is not made by the and allotted chambers in the Supreme Court of India.
Supreme Court of India and write what are their powers & functions.
Appellant Shri Ajit Kar was asked what weaknesses he has found in the order of Appellate Authority Supreme Court of India Shri Sunil Thomas, who has specifically dealt with the answers to Q. Nos. 2 & 7. He submitted that these questions did not pertain to Supreme Court alone but to all Courts and if the information was available with some other public authority, the Supreme Court of India should have exercised its jurisdiction to transfer the case u/s 6(3). He, however, admitted that he had nowhere asked as to which authority held the information, he was seeking.
DECISION NOTICE The application is addressed to the PIO of the Supreme Court of India. Neither in his first appeal nor in his second appeal has Shri Ajit Kar asked for transfer of any question to any other public authority. We must, therefore, assume that the information sought concerns information held only by the Supreme Court of India, to which public authority the application stands addressed. In light of this it is quite clear that all the four questions, with the answers to which appellant Shri Ajit Kar has expressed his dissatisfaction, stand 8 answered. On the other hand, we must appreciate the response of the CPIO Supreme Court of India who has been at pains to ensure that a pointwise reply giving details in answer to each of the questions asked has been provided. There is, therefore, no merit to this appeal, which is hereby dismissed.
Announced in the hearing. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner 19.2.2009 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.
(Pankaj Shreyaskar) Joint Registrar 19.2.2009 9