Whether SC is a public authority or not?

3/25/2009 The Delhi High Court heard the arguments of an RTI activist who said the Supreme Court is a public authority and the Chief Justice of India (CJI) as its head is part of the Institution, therefore, the Right to Information Act is applicable on him. Justice Ravendera Bhat of the Delhi High Court was hearing a petition filed by the apex court challenging a Central Information Commission (CIC) order directing that the assets of the judges be made public. The petition was filed by the chief public information officer of the Supreme Court challenging the January six order of the CIC. The next date of hearing is April 13. Solicitor General G E Vahanvati had earlier stated the RTI Act was designed only to obtain information from those under the control of public authorities. The information sought as per section 2(f) of the Act must be in the public domain and should be maintained in accordance with the law, he said. Mr Vahanvati said there is nothing under the Constitution or any other law which requires the Supreme Court judges to declare their assets to the CJI. Any information given by the judges to the CJI is purely voluntary. The petitioner contended since there was a resolution adopted by the judges on May 7, 1997, that all judges should declare their assets to the CJI, it becomes mandatory for them to declare such information. Mr Vahanvati said declaration of assets by judges is a personal information which cannot be revealed under the present RTI Act and the same should be amended accordingly. He, however, made it clear that the judges are not opposed to declaring their assets, but there is no legal obligation to do so. The seven-page affidavit was filed by the RTI applicant who said all information given to the CJI comes within the public domain and he cannot be denied such information. The apex court had said the resolution passed by its judges pertaining to declaration of assets is not binding by law. The said resolution dated May 7, 1997, does not have force of law. In these circumstances, the RTI applicant has no right to access information which is not held by any public authority under any law, the affidavit said. Mr Vahanvati said the voluntary declaration made by the judges are outside the purview of the RTI Act. On January 19, the Delhi High Court had stayed the order of its CIC that the office comes within the ambit of the RTI Act and information given to the CJI has to be revealed to the RTI applicant.

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