Manoj Khar, Agence India Press,
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.