RTI Court Decision: Parties can seek info under RTI: CIC

[Sajib Nandi]

Reported by Nivedita Khandekar in Hindustantimes.com on June 06, 2012
Parties can seek info under RTI: CIC - Hindustan Times

Supreme Court (SC) registry can no longer avoid parting with information about petitions filed, saying it does not come under the purview of RTI Act. The Central Information Commission (CIC) has ruled that the parties involved in the case/s can seek information related to their case/s under RTI Act.

When T Jhansi Lakshmi’s special leave petition was not listed for hearing even after more than 75 days, she filed an RTI query with the SC registry.

She sought to know from the Public Information Officer (PIO) the genuine reason as to why her SLP was not listed. However, both the PIO and the Appellate Authority (AA) denied it, stating that the inspection or search of judicial records can be undertaken only by following prescribed rules and orders of the apex court and not under RTI.

When chief information commissioner Satyananda Mishra upheld the right to demand information about a petition under Act, the registry’s PIO and the AA pointed out that she was not a party to the litigation, instead her husband was.

The decision has come as a ray of hope for several RTI applicants filing queries with the SC registry as most of them have faced similar situation.

[karira]

Sponsorer

When chief information commissioner Satyananda Mishra upheld the right to demand information about a petition under Act, the registry’s PIO and the AA pointed out that she was not a party to the litigation, instead her husband was.

This is exactly what I have been trying to argue for a long time that the Supreme Court Rules and the RTI Act are indeed inconsistent with each other. SC and other HC rules only allow the "interested" parties to access judicial records. However, under the RTI Act, any citizen has the Right to Information.

Because there is a inconsistency between the two Rules, RTI Act has a over riding effect as per Sec 22.

[dr.s.malhotra]

SC and other HC rules only allow the "interested" parties to access judicial records. However, under the RTI Act, any citizen has the Right to Information.

But this Order gives right to ACTUAL PARTIES IN THE LITIGATION [ not even interested parties , what to say of ANY CITIZEN ] .

[karira]

But this Order gives right to ACTUAL PARTIES IN THE LITIGATION [ not even interested parties , what to say of ANY CITIZEN ] .

She was not a party. Her husband was:

When chief information commissioner Satyananda Mishra upheld the right to demand information about a petition under Act, the registry’s PIO and the AA pointed out that she was not a party to the litigation, instead her husband was.