The of Delhi has set aside an order by the (CIC) that sought to compel the (PIO) to locate and disclose specific data regarding that remained unpronounced for more than two months. The ruling, delivered by Justice Amit Mahajan on , reinforces the legal principle that are not obligated under the , to create, collect, or collate information that is not already maintained within their official records.
The litigation originated from an RTI application filed in by P.D. Gupta, a former judicial officer. Gupta sought a comprehensive list of all cases handled by former judge Justice A.K. Sikri, either sitting singly or in a Division Bench, where judgments were delivered more than two months after the arguments concluded. Gupta’s application was prompted by his personal experience in a separate matter where he contended that the time lapse between the hearing and the final judgment was excessive.
Assessing the Scope of Information Access
The PIO initially responded by stating that no such specific data or compiled list was maintained by the . While the First Appellate Authority upheld this position, the CIC disagreed, directing the PIO to search for and provide photocopies of reports allegedly submitted by Court Masters to the Chief Justice on a monthly basis. The Commission further limited this mandate to a two-year period, operating under the assumption that such information "should be available" due to routine administrative practices.
In challenging the CIC order before the
, the petitioner maintained that the requested data was never compiled or preserved in the manner suggested by the Commission. The
found this argument compelling, noting that the existing administrative practices were designed solely for internal monitoring and did not constitute a
. Justice Mahajan observed,
"It is
that the RTI Act provides access only to such information as is available and existing with the public authority."
Limitations on Administrative Data Creation
The ’s ruling emphasizes that the Right to Information Act is not a tool for creating new information. To satisfy the respondent's request, the Court noted that the PIO would have to manually examine the records of every case heard by the specified judge, perform calculations to determine the delay in each instance, and subsequently compile a brand-new list.
Referring to established precedent, the Court held that a public authority is under no obligation to undertake such a burdensome task. The judgment clarified that even in cases involving significant , such as the timely delivery of , the law does not permit the compulsion of a public authority to generate data it does not possess. Addressing the Commission’s reliance on administrative reporting, the Court stated, “A direction under the RTI Act cannot be issued on such an assumption. Such practice does not, by itself, mean that the lists are preserved year after year.”
Impact on Judicial Transparency Requests
The Court’s decision aligns with the principle articulated in earlier jurisprudence, affirming that the definition of "information" under Section 2(f) of the RTI Act is restricted to material that exists in some form. The Court highlighted that the monthly lists previously submitted by Court Masters were intended only as confidential, sealed-cover communications to enable the Chief Justice to address pending matters administratively. Neither these lists nor the underlying case records were ever intended to be preserved as a public, judge-wise compilation of delays.
The petitioner’s consistent stand that such data was neither maintained nor compiled remained undisputed by the respondent throughout the proceedings. By granting the petition and quashing the CIC’s directive, the has reaffirmed that are bound by the practicalities of record-keeping. As the Court underscored, while the timely delivery of judgments is a matter of legitimate public concern, this interest cannot override the statutory boundaries that prevent forcing an entity to curate or create records that do not exist.
The operative order concludes the decade-long dispute, effectively relieving the of the duty to generate the requested data. With the CIC’s order vacated, the has solidified the interpretation that the right to access information is strictly confined to records already in the possession or under the control of the public authority.
information collation - public authority obligation