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TMI Blog2016 (11) TMI 1425X X X X Extracts X X X X X X X X Extracts X X X X ..... litigants, etc., in linking the Hon’ble Supreme Court’s orders with the impugned orders and thereby serve a larger public interest. The respondent is directed to furnish, if available, the impugned order details of the cases mentioned in the RTI requests and provide the same within 30 days of this Order. The respondent is advised to update and upload the details (as available) of the impugned orders on the Hon’ble Supreme Court’s website in larger public interest. - CIC/RK/A/2016/001292-001294, 001328, 001339, 001360-001363 and 001381-001382 - - - Dated:- 16-11-2016 - Shri Radha Krishna Mathur, Chief Information Commissioner Shri R.K. Jain, the Appellant. ORDER [Order]. - Facts : CIC/RK/A/2016/001292 : The appellant filed RTI application dated 26-3-2016 seeking information on impugned orders in relation to the cases as mentioned in the RTI application; to upload the details of the impugned orders on the Supreme Court s website; and inspection of digital data of the cases. 2. The CPIO responded on 12-4-2016. The appellant filed first appeal on 18-4-2016 with the First Appellate Authority (FAA). The FAA responded on 6-5-2016. The appellant filed second appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CIC/RK/A/2016/001339 : 9. The appellant filed RTI application dated 7-4-2016 seeking information on impugned orders in relation to the cases as mentioned in the RTI application; to upload the details of the impugned orders on the Supreme Court s website; and inspection of digital data of the cases. 10. The CPIO responded on 7-5-2016. The appellant filed first appeal on 11-5-2016 with the First Appellate Authority (FAA). The FAA responded on 1-6-2016. The appellant filed second appeal on 8-6-2016 with the Commission on the ground that information on point Nos. (A)(i), (iii), (iv), (vi), (viii) (ix) may be provided; original records relating to the information sought may be summoned and penalty be imposed on the CPIO. CIC/RK/A/2016/001360 : 11. The appellant filed RTI application dated 11-4-2016 seeking information on impugned orders in relation to the cases as mentioned in the RTI application; to upload the details of the impugned orders on the Supreme Court s website; and inspection of digital data of the cases. 12. The CPIO responded on 11-5-2016. The appellant filed first appeal on 14-5-2016 with the First Appellate Authority (FAA). The FAA responded on 6-6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the RTI application; to upload the details of the impugned orders on the Supreme Court s website; and inspection of digital data of the cases. 20. The CPIO responded on 12-4-2016. The appellant filed first appeal on 18-4-2016 with the First Appellate Authority (FAA). The FAA responded on 7-5-2016. The appellant filed second appeal on 11-5-2016 with the Commission that the respondent be directed to provide the information sought in point No. A(i), (ii), (iv) (vi). CIC/RK/A/2016/001382 : 21. The appellant filed RTI application dated 16-3-2016 seeking information on impugned orders in relation to the cases as mentioned in the RTI application; to upload the details of the impugned orders on the Supreme Court s website; and inspection of digital data of the cases. 22. The CPIO responded on 12-4-2016. The appellant filed first appeal on 18-4-2016 with the First Appellate Authority (FAA). The FAA responded on 7-5-2016. The appellant filed second appeal on 11-5-2016 with the Commission that the respondent be directed to provide the information sought in point No. A(iv), (vii), (ix) (x). Hearing : 23. The appellant participated in the hearing personally. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ia on payment of prescribed fee and charges giving full particulars of the case. The appellant stated that he has not sought certified copies of this information. 31. The appellant further referred to his additional documents and stated that as per the screen shot taken from the kiosk at Supreme Court, it is clearly seen that there is a space/column for entry of lower Court details . The details have been uploaded in many cases by the Hon ble Supreme Court of India. The appellant further stated that in some cases, the Hon ble Supreme Court of India has not given the details of High Court/Lower Agency details. 32. The appellant further stated that this Kiosk is installed at the filing counter in the premises of the Hon ble Supreme Court of India, and anyone can retrieve the data of Lower Court details but the same details are not available on their website. The appellant stated that for seeking such details, the seeker has to visit the Supreme Court of India s premises. 33. The appellant further stated that the Hon ble Supreme Court in some cases has been uploading the details of the impugned orders but in some cases, the same has not been uploaded. As such, there is no co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me misconceptions about the RTI Act. The RTI Act provides access to all information that is available and existing. This is clear from a combined reading of Section 3 and the definitions of information and right to information under clauses (f) and (j) of Section 2 of the Act. If a public authority has any information in the form of data or analysed data, or abstracts, or statistics, an applicant may access such information, subject to the exemptions in Section 8 of the Act. But where the information sought is not a part of the record of a public authority, and where such information is not required to be maintained under any law or the rules or regulations of the public authority, the Act does not cast an obligation upon the public authority, to collect or collate such non available information and then furnish it to an applicant. A public authority is also not required to furnish information which require drawing of inferences and/or making of assumptions . 41. The respondent further referred to a judgment passed in The Registrar, Supreme Court of India v. Commodore Lokesh K. Batra in which the Court held as, on a combined reading of Section 4(1)(a) and Section 2(i), it a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... em and the data which could not be retrieved, the same cannot be provided. The database available in the computer system are available for their internal use and sometimes it is not possible to upload some database on their website. 46. The respondent referred to the CPIO s reply and stated that they have informed the appellant that some cases have not been updated on internal server and further advised that he may obtain the certified copies of the pleadings/judicial record/judgment/orders of the Hon ble Supreme Court of India by moving an application to the Registrar (Copying), Supreme Court of India under Order XIII, Supreme Court Rules, 2013 on payment of prescribed fee and charges giving full particulars of the case. 47. The respondent stated that the Supreme Court s Rules are not inconsistent with RTI Act/Rules. The respondent referred to a decision of Commission passed in Appeal No. CIC/RM/A/2014/001189 titled as Mr. Vijay Prakash Gupta v. CPIO, Supreme Court of India in which the Commission observed that, This Commission, in its decision CIC/RM/A/2014/004655, dated 9-3-2016 held that the provisions of the Right to Information (RTI) Act cannot override the rules and o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... regarding the judicial records but has sought information which is held by the respondent in their computer data-base. The appellant further stated that if the CPIO does not have the information then he should have transferred his RTI application to the computer department. 53. The appellant further stated that Section 22 of the RTI Act overrides Order XIII of the Supreme Court Rules. Discussion/observation : 54. It is observed that the appellant is not seeking any certified copy of the judicial record but has sought information on the impugned orders already publicly available on the kiosk maintained by Hon ble Supreme Court in its premises viz. the name of Court/Agency which passed the order, date of judgment and the case number. In the alternate, the appellant has sought the inspection of the digital data in relation to the cases mentioned in his RTI applications. 55. It is observed that the sought for information is available in many cases in the database of the Hon ble Court. No case to deny this information has been made out. Besides, provision of this information can help the general public, litigants, etc., in linking the Hon ble Supreme Court s orders with t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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