New Delhi: The Chief Justice of India and the Supreme Court cannot be two distinct entities, the Central Information Commission has held directing the registry of the apex court to provide information to an RTI applicant even if it is held by the office of the Chief Justice.
"The Institution and its head cannot be two distinct
Public Authorities. They are one and the same. Information
therefore available with Chief Justice of India must be deemed
to be available with the Supreme Court of India," Chief
Information Commissioner Wajahat Habibuallah said.
The Commission was hearing the plea of RTI applicant
77-year-old P K Dalmia who sought to know the fate of his
complaint, filed with the Chief Justice of India, of alleged
malpractices by a designated company judge Sunil Ambwani in
the liquidation of UP State Cement Corporation Limited.
Dalmia has filed three complaints to the CJI last year
alleging that the assets of corporation were sold for Rs 459
crore whereas certificate obtained by him from a Chartered
Accountant showed that amount actually payable to banks worked
out to only Rs 216.9 crore.
After not getting any response, he filed RTI application
to know the fate of his complaints, which was rejected by the
registry of Supreme Court claiming that complaint against High
Court or Supreme Court Judge are not under its control hence
cannot be provided.
CIC gave an out-of-turn hearing to Dalmia`s plea,
considering his deteriorating health condition.
Dalmia`s appeal before the registrar of Supreme Court
did not yield any positive response. He then moved the
Central Information Commission with his plea last year.
Dalmia argued before the Commission that even if the
cases had been disposed of by the Central Public Information
Officer as a matter concerning the Chief Justice only in his
personal capacity, he required to have been informed as much.
"The issue that needs to be determined is as to whether
the Chief Justice of India and the Supreme Court of India are
two distinct Public Authorities (respondents of RTI
applications) or one Public Authority," Habibullah said.
The Chief Information Commissioner, quoting Article 124
of the Constitution said Supreme Court of India consisting of
the Chief Justice of India and such number of Judges is an
institution of which CJI is head.
"The registrar of the Supreme Court of India, which is
only the part of the Supreme Court, cannot be categorised as a
Public Authority independent and distinct from the Supreme
Court itself," Habibullah said.
"The question of disclaiming information about
correspondence with the Chief Justice of India by the CPIO of
the Supreme Court cannot arise," he further said.
The CIC in its decision yesterday directed that the
Additional Registrar will obtain the information sought, even
if the complaints moved by Dalmia have been filed, and convey
the same to him within 15 working days.
Bureau Report
