Many Indian citizens wonder if they can use the Right to Information (RTI) Act to access important judicial records, especially those concerning court decisions or pending cases. This article explores a significant case where an applicant sought specific judicial information from the Supreme Court and the subsequent ruling Central Information Commission (CIC), offering crucial insights into what kind of information is accessible and through which channels.
Background: What Information Was Sought
An RTI applicant, writing in Hindi, filed two applications with the Supreme Court of India. The first application aimed to gather details about a news report concerning the Supreme Court’s stance on appointing Information Commissioners. The second application sought information about a Public Interest Litigation (PIL) filed against the rules framed Allahabad High Court for the Right to Information. The Public Information Officer (PIO) responded the applicant consult the Supreme Court’s website for orders and case statuses or visit the Supreme Court registry following the established rules.
How the Public Authority Responded
The PIO’s response directed the applicant to external resources rather than directly providing the information. Furthermore, the applicant raised a concern that the PIO had responded in English, despite the application being in Hindi. The PIO’s justification was that the Supreme Court conducts its business in English as per the Constitution of India, implying that a Hindi response was not mandatory. The applicant also argued that the RTI Act should directly provide the information without requiring visits to websites or registries under separate rules.
The CIC Hearing: What Happened
During the hearing at the Central Information Commission (CIC), the applicant reiterated his objection regarding the language of the response. The respondents from the Supreme Court maintained that English is the official language for transacting business in the Supreme Court and thus, the PIO was not obligated to reply in Hindi. The core of the applicant’s argument was that RTI should be the sole avenue for obtaining information, bypassing the need for separate procedures like website checks or registry visits. He believed that the information sought should be readily available through the RTI application itself.
The CIC Order and Its Significance
The CIC made several important observations. Firstly, regarding the language, the Commission acknowledged that Section 6(1) of the RTI Act allows applicants to file requests in English, Hindi, or the official language of the area. However, the CIC also clarified that while the applicant has the right to use Hindi, the PIO is not compelled to respond in a specific language other than the one in which the information is available. More crucially, concerning the nature of the information sought, the CIC ruled that certified copies of judicial records, including court orders, cannot be obtained through an RTI application. The Commission stated that such records are accessible only the specific rules and procedures laid down Supreme Court or the respective High Courts. While Section 22 of the RTI Act grants overriding powers to the Act over other inconsistent laws, the CIC found that the rules for obtaining judicial records were not inconsistent with the RTI Act’s objective of disclosure. Instead, they were complementary. Therefore, the RTI Act does not override these established procedures for accessing judicial documents.
Key Lessons for RTI Applicants
- Lesson 1: Understand the Scope of RTI for Judicial Records: While RTI is a powerful tool for transparency, it has limitations when it comes to obtaining certified copies of judicial records. These specific documents are governed court rules and procedures.
- Lesson 2: Language of Response vs. Language of Information: Although you can file an RTI in Hindi, the PIO is not strictly bound to reply in Hindi if the information is maintained in English. However, it’s always advisable to check the language policy of the specific department.
- Lesson 3: Follow Specific Procedures for Court Documents: For official court orders, judgments, or certified copies of judicial records, you must adhere to the rules and procedures set Supreme Court or the High Courts, which usually involve visiting the registry or following their designated online portals.
How to File a Similar RTI Application
- Identify the Correct Public Authority: Determine which court or judicial body holds the information you need.
- Draft Your RTI Application Clearly: State precisely what information you are seeking, referencing any specific case numbers or dates if known. While you can use Hindi, ensure clarity.
- Submit the Application with Fees: Pay the required RTI application fee and submit the application to the Public Information Officer (PIO) of the concerned authority.
- Be Prepared for Specific Procedures for Judicial Records: If your request pertains to certified copies of judicial records, be ready to be directed to follow the court’s specific rules for obtaining them, as the CIC has clarified these are not directly available under RTI.
Sample RTI question you can use:
Please provide details regarding the procedure to obtain certified copies of judgments or orders passed [Name of Court/Judicial Body] as per their established rules and regulations.
Conclusion
This case highlights a crucial distinction for RTI users in India. While the RTI Act empowers citizens to seek a wide range of information from government bodies, including details about policy decisions and administrative processes, it does not replace the established procedures for accessing official judicial records. Citizens seeking certified copies of court orders or judgments must follow the specific rules set judiciary. Understanding these nuances ensures that your RTI applications are effective and your expectations are aligned with the Act’s provisions and judicial pronouncements, helping you navigate the RTI process successfully.
