Central Information Commission
Mr.Jayanta Deka vs Supreme Court Of India on 4 September, 2012
Central Information Commission, New Delhi
File No.CIC/SM/A/2011/002639
Right to Information Act2005Under Section (19)
Date of hearing : 4 September 2012
Date of decision : 4 September 2012
Name of the Appellant : Shri Jayanta Deka,
MNG Road, (Rajapam),
Mangaldai Town, Ward No. IX,
Magaldai, Distt - Darrang,
Assam - 784 125.
Name of the Public Authority : CPIO, Supreme Court of India,
New Delhi.
The Appellant was present in person.
On behalf of the Respondent, the following were present:
(i) Ms. Shreya Bhandari, Advocate
(ii) Smt. Asha Ahuja, Branch Officer
Chief Information Commissioner : Shri Satyananda Mishra
2. The Appellant was present in the Darrang studio of the NIC. The Respondents were present in our chamber. We heard their submissions.
3. The Appellant had wanted to get the copy of the Writ Petition number 292/09. The CPIO had responded by stating that he could get the certified copy of the said Writ Petition under the relevant rules of the Supreme Court. The CIC/SM/A/2011/002639 Appellate Authority had upheld the decision of the CPIO.
4. During the hearing, the Appellant argued that the said Writ Petition was about the electronic voting machines used by the Election Commission of India and the desired information was of great public interest. He submitted that he did not want to get the certified copy of the writ petition since he had no desire to make use of it in any court of law. Therefore, he contended that he should be provided with a simple copy of that petition. On the other hand, the Respondents submitted that the Supreme Court Rules 1966 clearly laid down the procedure for accessing such records and the Appellant had been advised to do so. They further contended that judicial records such as the Writ Petition could not be disclosed in any other manner, even under the provisions of the Right to Information (RTI) Act.
5. The CIC has held on several occasions in the past that the judicial records should be obtained by following the procedure laid down under the Supreme Court Rules and that the provisions of the Right to Information (RTI) Act would not override those rules for (a) not being inconsistent and (b) also having been framed by the Supreme Court in exercise of powers vested by the Constitution of India. In this case also, we would like the Appellant, if he so chooses, to obtain a copy of the said Writ Petition by following the procedure suggested by the CPIO as he cannot get it under RTI.
6. The appeal is disposed off accordingly.
7. Copies of this order be given free of cost to the parties. CIC/SM/A/2011/002639 (Satyananda Mishra) Chief Information Commissioner 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/SM/A/2011/002639