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2019 Supreme(SC) 1256

RANJAN GOGOI, N. V. RAMANA, D. Y. CHANDRACHUD, DEEPAK GUPTA, SANJIV KHANNA
Central Public Information Officer, Supreme Court of India – Appellant
Versus
Subhash Chandra Agarwal – Respondent


Advocates Appeared:
For the Appellant(s) :K.K. Venugopal, AG Tushar Mehta, SG R. Balasubramanian, Shraddha Deshmukh, Chinmayee Chandra, B. Krishna Prasad, Rajat Nair, Kanu Agrawal, Manan Popli, Rajeev Ranjan, Shantanu Sharma, Varun Chugh, Buhwan Kapoor, A.K. Sharma, Advocates
For the Respondent(s):Prashant Bhushan, Pranav Sachdeva, Neha Rathi, Jatin Bhardwaj, P. I. Jose, Harikumar.V, Jagjit Singh Chhabra, Aniruddha P. Mayee, Kuldip Singh, Gautam Narayan, V. N. Raghupathy, Hemantika Wahi, Pratibha Jain, Sunil Kumar Verma, Sibo Sankar Mishra, Rachana Srivastava, Sunil Fernandes, Aruna Mathur, Avneesh Arputham, Anuradha Arputham, Geetanjali, for M/s. Arputham Aruna And Co. Ravi Prakash Mehrotra, Raja Chatterjee, Runamoni Bhuyan, Piyush Sachdev, Adeel Ahmed, Satish Kumar, M. P. Vinod, P.H. Parekh, Tanya Choudhary, Pratyusha Priyadarshini, Nitika Pandey, Paritosh Arora, Nikhil Ramdev, for M/s. Parekh & Co. Krishnanand Pandeya, Anupam Raina, Sunando Raha, C. K. Sucharita, R.N. Venjrani, Hitesh Kumar Sharma, S.K. Rajora, Naresh K. Sharma, Advocates

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The Supreme Court of India, including the Chief Justice and Judges, constitutes a ‘public authority’ under the Right to Information (RTI) Act, and their office is not separate from the Court itself (!) (!) .

  2. The ‘information’ under the RTI Act broadly includes any material in any form, such as records, documents, electronic data, and information related to private bodies that can be accessed by a public authority under law (!) (!) .

  3. The ‘right to information’ encompasses inspection, note-taking, copying, and obtaining information in various formats held or controlled by public authorities (!) (!) .

  4. The scope of ‘held’ information is interpreted as information over which the public authority has dominion, ownership, or control, rather than mere accidental or passing possession (!) (!) .

  5. Certain information, such as personal details, medical records, and asset declarations, can be classified as ‘personal information’ and are protected under the right to privacy; disclosure depends on whether there is a larger public interest justifying such disclosure (!) (!) (!) .

  6. The right to privacy is a constitutional right, rooted in the right to life and personal liberty, and includes aspects such as bodily privacy, spatial privacy, informational privacy, and autonomy over personal choices (!) (!) .

  7. Confidentiality and fiduciary relationships are distinct concepts; confidentiality relates to information that is not generally accessible and requires specific circumstances for its protection, whereas a fiduciary relationship involves a duty to act for another’s benefit, often with trust and influence (!) (!) (!) .

  8. The exemption clauses in the RTI Act, especially Sections 8(1)(a) to (i), provide absolute exemptions, while Sections 8(1)(d), (e), (i), and (j) are qualified and require a balancing of public interest against potential harm or invasion of privacy (!) (!) .

  9. The ‘public interest’ is a flexible, context-dependent concept that involves weighing the benefits of disclosure—such as transparency, accountability, and promoting democratic values—against potential harms, including invasion of privacy, breach of confidentiality, or national security concerns (!) (!) (!) (!) .

  10. The process of balancing involves considering relevant factors like the nature of information, consequences of non-disclosure, confidentiality obligations, and the impact on individual rights and public welfare (!) (!) .

  11. Disclosure of information related to the appointment, assets, or conduct of judges and constitutional functionaries must be carefully balanced with their right to privacy and the need to maintain judicial independence (!) (!) (!) .

  12. Judicial independence is a fundamental constitutional principle that involves both decisional and institutional independence, secured through constitutional safeguards, tenure protections, and safeguards against external pressures (!) (!) (!) .

  13. Transparency and accountability are essential for preserving judicial independence and public confidence; they are not inherently contradictory but must be balanced carefully to uphold the rule of law (!) (!) .

  14. The right to privacy, recognized as a fundamental right, includes protections for personal identity, personal relationships, health, and other facets of private life, and is protected against unwarranted invasion unless outweighed by larger public interest (!) (!) (!) .

  15. The legal interpretation of ‘confidential’ information and fiduciary duties emphasizes that information held in official capacity is not necessarily in a fiduciary relationship unless specific trust and influence are involved (!) (!) (!) .

  16. The RTI Act’s exemptions are to be strictly construed, with a focus on the purpose of promoting transparency and accountability while respecting individual privacy rights (!) (!) .

  17. The application of the public interest test requires a case-by-case analysis, considering the nature of information, potential harms, and the societal benefits of disclosure (!) (!) .

  18. Transparency in processes such as judicial appointments and asset declarations enhances public trust, promotes meritocracy, and ensures accountability, provided that the balance with privacy rights is maintained (!) (!) .

  19. The scope of ‘public interest’ includes promoting debate on public importance, exposing wrongdoing, ensuring effective oversight, and safeguarding democratic principles—these factors guide the decision to disclose or withhold information (!) (!) .

  20. Overall, the legal framework underscores the importance of a balanced approach—disclosure should be facilitated where it promotes transparency and accountability, but restrictions are justified where there are legitimate privacy, security, or confidentiality concerns.


JUDGMENT :

SANJIV KHANNA, J.

1. This judgment would decide the afore-captioned appeals preferred by the Central Public Information Officer (‘CPIO’ for short), Supreme Court of India (appellant in Civil Appeal Nos. 10044 and 10045 of 2010), and Secretary General, Supreme Court of India (appellant in Civil Appeal No. 2683 of 2010), against the common respondent – Subhash Chandra Agarwal, and seeks to answer the question as to ‘how transparent is transparent enough’1 [Heading of an article written by Alberto Alemanno: “How Transparent is Transparent Enough? Balancing Access to Information Against Privacy in European Judicial Selection” reproduced in Michal Bobek (ed.) Selecting Europe’s Judges: A Critical Review of the Appointment Procedures to the European Courts (Oxford University Press 2015).] under the Right to Information Act, 2005 (‘RTI Act’ for short) in the context of collegium system for appointment and elevation of judges to the Supreme Court and the High Courts; declaration of assets by judges, etc.

2. C


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