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NEW DELHI: The Supreme Court has rushed to the Delhi High Court
seeking a stay on the Central Information Commission's May 11 order
allowing litigants to raise RTI queries on the logic behind judgments.
How could the Supreme Court provide information under RTI on why a
particular order or judgment was passed that went beyond the reasoning
and logic given in that order or judgment, the SC asked.
The CIC's bare-all order on an RTI appeal filed by R S Misra directed
the SC to answer his queries — why his special leave petition was
dismissed and whether in deciding the appeal, the bench followed the
principles of natural justice — by June 5.
Terming the CIC order as beyond law and jurisdiction under RTI Act,
the SC in its appeal through advocate Devadatt Kamat pleaded before
the HC that "this would mean a litigant could redress his grievance
against dismissal of SLP through RTI".
The SC's petition, settled by attorney general G E Vahanvati, is
listed for hearing in the Delhi HC on Monday before Justice S
Muralidhar.
The CIC's May 11 order went against the commission's consistent view
since 2007 that access to information on the judicial side could be
obtained only through the mechanism of Supreme Court Rules, the SC
said.
"The Supreme Court Rules have been framed under a mandate in Article
124-127 of the Constitution and as such, RTI Act cannot in any manner
overrule the Supreme Court Rules," it said.
"The CIC failed to appreciate that an RTI applicant cannot seek reason
on why a particular order is passed and the Central Public Information
Officer (CPIO) of the SC cannot give information about reason for
dismissal over and above what is already stated in the order of the
judge," the apex court said.
The fallout of the CIC's order would be enormous, the SC said. "Can
RTI be made a tool to seek copy or information about confidential
reports sought by Supreme Court benches from investigating agencies
and governments on sensitive issues," the SC asked.
The CIC's order could result in huge revenue loss for the apex court.
"If people can get copies through RTI, it will also have revenue
implications as court fees are fixed for getting certified copies of
documents or records," it said.
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