New Delhi, Nov 22 (PTI) The Delhi High Court has heldthat the Right To Information (RTI) Act would not override theSupreme Court Rules (SCR) when it comes to dissemination ofinformation.
Justice Manmohan also observed that the RTI Act cannot beresorted to in case the information sought for is related tojudicial function, which can be challenged by way of any legalproceeding.
"The SCR would be applicable with regard to the judicialfunctioning of the Supreme Court. Whereas for administrativefunctioning of the Supreme Court, RTI Act would be applicableand information could be provided under it.
"The dissemination of information under the SCR is partof judicial function, exercise of which cannot be taken awayby any statute. It is settled legal position that thelegislature is not competent to take away the judicial powersof the court by statutory prohibition," the court said.
The court's order came on a plea by the Supreme Court ofIndia, through its Registrar, who had challenged an May 2011order of the Central Information Commission (CIC) directingthe apex court to answer the queries of litigant R S Misra asto why his SLP was dismissed.
While setting aside the CIC order, the high court alsodeprecated the applicant's conduct of writing letter to apexcourt judges asking why his SLP, regarding termination of hisservices as a teacher, was dismissed.
Misra was holding the post of Postgraduate Teacher(Chemistry) in Kendriya Vidyalaya and his services wereterminated by the Commissioner of KVS under Article 81(b) ofthe Education Code in November 2003.
He had challenged the termination in the CentralAdministrative Tribunal which was dismissed. His petition inthe high court and appeal in the apex court also failed. Thereview petitions were also dismissed.
Thereafter, he sought information under the RTI as to whyhis SLP had been dismissed while contending that the same hadbeen decided against the principles of natural justice.
On not receiving the information sought, he had moved theCIC which had directed the apex court's public informationofficer to answer the queries raised by him.
Setting aside the CIC order, the high court said "a judgespeaks through his judgements or orders passed by him. A judgecannot be expected to give reasons other than those that havebeen enumerated in the judgement or order. If any party feelsaggrieved by the order/judgement, the remedy available is tochallenge the same by a legally permissible mode.
"No litigant can be allowed to seek information throughan RTI application or a letter on the administrative side asto why and for what reasons the judge had come to a particulardecision or conclusion. A judge is not bound to explain lateron for what reasons he had come to such a conclusion".
It also said that the CIC should not have directed thepetitioner to supply information without considering whetherthe queries raised were maintainable under the RTI Act. PTIPPS SKV HMPARC.
This is unedited, unformatted feed from the Press Trust of India wire.