Rti application

IP Lawyer & Trademark Attorney

Can we file RTI application before the Hon'ble Supreme Court of India to know the exact status of the case filed?
 
Reply   
 
FIN

GO thru;

 

Queries 1 to 7: The PIO mentioned that the Appellant was represented by Ms. Rachna Gupta, Advocate in Petition for Special Leave to Appeal (Civil) Nos. 8219-8220 of 2010. Inspection can be done and information/certified copies of the judicial records /judgments of the Supreme Court of India ("Supreme Court") can be obtained by moving an application to the Registrar (Copying), Supreme Court under Order XII, Supreme Court Rules, 1966 (the "SC Rules") on payment of prescribed fees and charges.

Query 9: Under the RTI Act, it is beyond the scope and jurisdiction of the PIO to interpret the law, judgments of the Supreme Court or of any other Court, opine, comment or advise on matters. The information sought was not covered under Section 2(f) of the RTI Act.

The SC Rules as well as the RTI Act coexist and therefore, it is for the citizen to determine which route she would prefer for obtaining the information. The right to information available to the citizens under the RTI Act cannot be denied where such citizen chooses to exercise such right, as has been done by the PIO in the instant case.

Central Information Commission

Mr.R S Misra vs Supreme Court Of India on 11 May, 2011

https://indiankanoon.org/doc/1394973/

 
Reply   
 


FIN

And;

 

Delhi High Court

The Registrar, Supreme Court Of ... vs R S Misra on 21 November, 2017

1. Present writ petition has been filed challenging the decision of the Central Information Commission (for short "CIC"), dated 11th May, 2011 passed in Appeal No. CIC/SM/A/2011/000237. The CIC vide the impugned order allowed the appeal of the respondent and directed the Central Public Information Officer, Supreme Court of India (for short "CPIO") to answer the queries 1 to 7 raised by the said respondent in his application dated 20th April, 2010. The CIC also directed the CPIO to provide information pertaining to a judicial matter in which the respondent himself was a party, i.e. in Special Leave Petition (C) No. 8219-8220 of 2010 and was represented by a lawyer. 

73. Consequently, the SCR would be applicable with regard to the judicial functioning of the Supreme Court; whereas for the administrative functioning of the Supreme Court, the RTI Act would be applicable and information could be provided under it. The dissemination of information under the SCR is a part of judicial function, exercise of which cannot be taken away by any statute. It is settled legal position that the legislature is not competent to take away the judicial powers of the court by statutory prohibition. The legislature cannot make law to deprive the courts of their legitimate judicial functions conferred under the procedure established by law.

74. Also, the RTI Act does not provide for an appeal against a Supreme Court judgment/order that has attained finality. It is clarified that queries under the RTI Act would be maintainable to elicit information like how many leaves a Hon'ble Judge takes or with regard to administrative decision an Hon'ble Judge takes; but no query shall lie with regard to a judicial decision/function.

THE CIC BY THE IMPUGNED ORDER COULD NOT HAVE OVERRULED EARLIER DECISIONS OF OTHER COORDINATE BENCHES OF THE SAME STRENGTH

https://indiankanoon.org/doc/20341280/

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
CrPC MASTERCLASS!     |    x