9911796707
TMI Blog2010 (1) TMI 1284X X X X Extracts X X X X X X X X Extracts X X X X ..... n, the direction was sought by the Petitioner to the Respondent No. 1 to provide information as asked by him vide his application dated 15.11.2006 from the Respondent No. 4 - a Judicial Officer as for what reasons, the Respondent No. 4 had decided his Miscellaneous Appeal dishonestly. 2. The facts and circumstances giving rise to this case are, that the petitioner claimed to be in exclusive possession of the land in respect of which civil suit No. 854 of 2002 was filed before Additional Civil Judge, Ranga Reddy District praying for perpetual injunction by Dr. Mallikarjina Rao against the petitioner and another, from entering into the suit land. Application filed for interim relief in the said suit stood dismissed. Being aggrieved, the pl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication was not maintainable. More so, the judicial officers are protected by the Judicial Officers' Protection Act, 1850 (hereinafter called the Act 1850 ). Hence, this petition. 4. Mr. V. Kanagaraj, learned Senior Counsel appearing for the petitioner has submitted that right to information is a fundamental right of every citizen. The RTI Act does not provide for any special protection to the Judges, thus petitioner has a right to know the reasons as to how the Respondent No. 4 has decided his appeal in a particular manner. Therefore, the application filed by the petitioner was maintainable. Rejection of the application by the Respondent No. 1 and Appellate authorities rendered the petitioner remediless. Petitioner vide application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force. This definition shows that an applicant under Section 6 of the RTI Act can get any information which is already in existence and accessible to the public authority under law. Of course, under the RTI Act an applicant is entitled to get copy of the opinions, advices, circulars, orders, etc., but he cannot ask for any information as to why such opinions, advices, circulars, orders, etc. have been passed, especially in matters pertaining to judicial decisions. A judge speaks through his judgments or orders passed by him. If any party feels agg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l and unwarranted. A judicial officer is entitled to get protection and the object of the same is not to protect malicious or corrupt judges, but to protect the public from the dangers to which the administration of justice would be exposed if the concerned judicial officers were subject to inquiry as to malice, or to litigation with those whom their decisions might offend. If anything is done contrary to this, it would certainly affect the independence of the judiciary. A judge should be free to make independent decisions. 8. As the petitioner has misused the provisions of the RTI Act, the High Court had rightly dismissed the writ petition. 9. In view of the above, the Special Leave Petition is dismissed accordingly. - - TaxTMI - ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
