Point of Law: Right to information is not absolute and is subject to conditions and exemptions under Act.

JUDGMENT :

MURALI PURUSHOTHAMAN, J.

1. The petitioner, a retired Class I officer and presently a practicing lawyer, made an application under the Right to Information Act, 2005 (hereinafter referred to as the RTI Act’ for short), before the Public Information Officer, District Court, Ernakulam (herein after referred to as ‘PIO’) seeking copies of “A” diary of civil and criminal postings of the cases for the period from 01.12.2021 to 14.04.2022. The said application was rejected by the PIO by Ext.P1 letter stating that the information sought for can be obtained on submitting copy application and besides, those information is available in the website of the Court, Court notice board and in the Kiosk of the District Court. It was also informed that, the “A” diary being part of court proceedings, the matter was brought to the notice of the Hon’ble Judge and the application was rejected on 18.04.2022 and it is not possible to give information in terms of Sections 2.8(V), 3(a) and 8B (sic) of the RTI Act.

2. Against Ext.P1, the petitioner preferred an appeal under Section 19 (2) of the RTI Act before the Appellate Authority, the 2nd respondent. The Appellate Authority, by Ext.P3, rejected the appeal stating that the information sought for by the petitioner relates to judicial proceedings and the High Court as per Rule 12 of the Right to Information (Subordinate Courts and Tribunals) Rules, 2006 (hereinafter referred to as ‘the Rule’ for short) has directed all Subordinate Courts in the State that no information relating to any Judicial Proceedings shall be disclosed under the said Act. The petitioner states that he has not preferred a second appeal against Ext.P3 order.

3. Ext.P1 issued by the PIO and Ext.P3 order of the Appellate Authority are impugned in the writ petition. Besides, the petitioner has sought to quash Rule 12 of the Rules contending that the said provision is in violation of the fundamental right of the petitioner guaranteed under Article 19(1)(a) of the Constitution of India and the provisions of the Act.

4. Heard the petitioner who appeared in person.

5. Rule 72 (1) of the Criminal Rules of Practice, Kerala, 1982 reads as follows:

“72. Diary - Every Court shall maintain a diary in Administrative Form No. 10. The entries shall be signed by the Presiding Officer on the day to which they relate.”

6. Rule 382 of the Civil Rules of Practice, Kerala, 1971 reads as under:

“382. A Diary - In all suits, appeals and miscellaneous proceedings, a general diary shall be maintained setting out only the judicial work done in each case. Entries such as filing of suits, appeals, petitions and issue and return of processes, etc., which are only ministerial, shall be omitted. The A Diary shall be signed by the Judge himself.”

7. “A” diary is thus the record of the sum and substance of the judicial work of each case taken up for consideration on a day, signed by the Presiding Officer.

8. Right to Information (Subordinate Courts and Tribunals) Rules, 2006 has been framed by the High Court in exercise of the powers conferred under sub-section (1) of Section 28 of the Act read with Article 235 of the Constitution of India. Rule 12 of the said Rules reads as follows:

“Rule-12. No application for information or document relating to any judicial proceedings shall be entertained under these rules.”

The provisions of the Right to Information (Subordinate Courts and Tribunals) Rules, 2006 are in pari materia with the Kerala High Court (Right to Information) Rules, 2006 framed by the High Court in exercise of the powers conferred under sub-section (1) of Section 28 of the RTI Act.

9. The copies of “A” diary of civil and criminal postings of the cases’ requested by the petitioner relate to judicial proceedings and such application for information cannot be entertained under the Rules.

10. The petitioner was informed by the PIO that the information requested for can be obtained on submitting copy application. Rule 222 of the Criminal Rules of Practice, Kerala,