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IN THE HIGH COURT OF DELHI AT NEW DELHI
Najmi Waziri, Sudhir Kumar Jain, JJ.
R. S. Misra – Appellant
Versus
The Registrar, Supreme Court of India – Respondent
LPA 636 of 2018, CM APPL. 47771 of 2018 & CM APPL. 47773 of 2018 & CM APPL. 47774 of 2018
Decided On : 08-02-2023
Right to Information Act - Certified Copies - Supreme Court Rules, High Court Rules - [RTI Act, Supreme Court Rules, High Court Rules] - The court discussed the issue of obtaining information and certified copies through the Right to Information Act and the Supreme Court Rules and High Court Rules. It emphasized that when the High Court Rules provide a mechanism for obtaining information/certified copies, the provisions of the RTI Act should not be resorted to.
Fact of the Case:
The appeal challenged the order of the Single Judge setting aside the decision of the Central Information Commission, which directed the Central Public Information Officer, Supreme Court of India to furnish information to the appellant. The issue pertained to the right of a third party to apply for certified copies from the High Court under the Right to Information Act without resorting to the High Court Rules.
Finding of the Court:
The court found that no separate system could be created for making available information as directed by the CIC, and that the Supreme Court Rules prescribed for obtaining the information had to be followed. It concluded that there was no reason to interfere with the decision of the Single Judge and dismissed the appeal.
Issues: The issues involved the right of a third party to apply for certified copies from the High Court under the Right to Information Act without resorting to the High Court Rules, and the applicability of the Supreme Court Rules in obtaining information and certified copies.
Ratio Decidendi: The court emphasized that when the High Court Rules provide a mechanism for obtaining information/certified copies, the provisions of the RTI Act should not be resorted to. It cited previous judgments and held that the Supreme Court Rules prescribed for obtaining the information had to be followed.
Final Decision: The appeal was found to be without merit and was dismissed, along with any pending applications.
JUDGMENT
Najmi Waziri, J. (Oral)
The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. This appeal impugns the order of the learned Single Judge in W.P.(C) 3530/2011 dated 21.11.2017, setting aside the decision of the Central Information Commission ('CIC') dated 11.05.2011. The latter had directed the Central Public Information Officer ('CPIO'), Supreme Court of India to furnish some information to the appellant.
2. The issue pertaining to the right of a third party to apply for certified copies to be obtained from the High Court by invoking the provisions of the Right to Information Act without resorting to the High Court Rules was considered by a three-Judge Bench of the Supreme Court in Chief Information Commissioner v. High Court of Gujarat And Anr., (2020) 4 SCC 702. It held as under :
"...
2. The brief facts which led to filing of this appeal are as follows: an RTI application dated 5-4-2010 was filed by Respondent 2 seeking information pertaining to the following cases -- Civil Application No. 5517 of 2003 and Civil Application No. 8072 of 1989 along with all relevant documents and certified copies. In reply, by Letter dated 29- 4-2010, the Public Information Officer, Gujarat High Court informed Respondent 2 that for obtaining required copies, he should make an application personally or through his advocate on affixing court fees stamp of Rs 3 with requisite fee to the "Deputy Registrar". It was further stated that as Respondent 2 is not a party to the said proceedings, as per Rule 151 of the Gujarat High Court Rules, 1993, his application should be accompanied by an affidavit stating the grounds for which the certified copies are required and on making such application, he will be supplied the certified copies of the documents as per Rules 149 to 154 of the Gujarat High Court Rules, 1993.
...
6. Being aggrieved by the interim order, Respondent 1 High Court preferred Letters Patent Appeal No. 1348 of 2013 before the Division Bench contending that the party who seeks certified copies has to make an application along with the copying charges and requisite court fees stamp as per Rules 149 to 154 of the Gujarat High Court Rules. As per the Rules, if the certified copy is sought by a person who is not a party to the litigation, his application has to be accompanied by an affidavit stating therein the purpose for which he requires the certified copies. Vide the impugned order, the High Court allowed [High Court of Gujarat v. Chief Information Commr., 2014 SCC OnLine Guj 16013] the letters patent appeal holding that when a particular field is governed by the rules which are not declared ultra vires, then there is no question of applying the fresh rules and make the situation confusing. The High Court held that in the light of the High Court Rules, certified copies may be given on payment of charges as per the Rules and also the applicant (Respondent 2) has to file an affidavit disclosing the purpose for which the certified copies are required and there is no question of making an application under the RTI Act. The Division Bench set aside the order of the Chief Information Commissioner by observing that when a copy is demanded by any person, the same has to be in accordance with the Rules of the High Court on the subject.
...
30. While examining the issue of where two mechanisms exist for obtaining the information i.e. the Supreme Court Rules and the RTI Act, in Supreme Court of India v. R.S. Misra [Supreme Court of India v. R.S. Misra, 2017 SCC OnLine Del 11811: (2017) 244 DLT 179], the Delhi High Court held that (SCC OnLine Del para 51) "once any information can be accessed through the mechanism provided under another statute, then the provisions of the RTI Act cannot be resorted to." In Supreme Court of India v. R.S. Misra [Supreme Court of India v. R.S. Misra, 2017 SCC OnLine Del 11811: (2017) 244 DLT 179], the Delhi High Court held as under: (SCC OnLine Del paras 53-57)
"53. The Preamble shows th
When the High Court Rules provide a mechanism for obtaining information/certified copies, the provisions of the RTI Act should not be resorted to.
The judgment established that when another mechanism exists for obtaining information, the provisions of the Right to Information Act cannot be resorted to, and emphasized that the Act should not be ....
RTI queries on administrative actions require substantive response under RTI Act, not deflection via High Court rules for certified copies.
The petitioner, being an accused in a criminal case, does not have an inherent right to seek information under the Right to Information Act and should follow the appropriate procedure under the Rules....
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