[Updated]: RTI Applicable To Office Of CJI; SC Upholds Delhi HC Judgment
5 years, 1 month ago

[Updated]: RTI Applicable To Office Of CJI; SC Upholds Delhi HC Judgment

Live Law  

In a historic judgment, the Supreme Court on Wednesday held that the office of Chief Justice of India is a public authority under the Right to Information Act. "Confidentiality may have some bearing and importance in ensuring honest and fair appraisals, though it could work the other way around also and, therefore, what should be disclosed would depend on authentic enquiry relating to the public interest, that is, whether the right to access and the right to know outweighs the possible public interest in protecting privacy or outweighs the harm and injury to third parties when the information relates to such third parties or the information is confidential in nature", stated the Court. In the words of Justice Khanna : "The public interest test in the context of the RTI Act would mean reflecting upon the object and purpose behind the right to information, the right to privacy and consequences of invasion, and breach of confidentiality and possible harm and injury that would be caused to the third party, with reference to a particular information and the person". Independence in a given case may well demand openness and transparency by furnishing the information" In the context of information relating to judicial appointments, Justice Khanna's judgment drew a distinction between "input" and "output".

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History of this topic

[RTI Act] Delhi HC Denies Son's Plea For Details Of Deceased Father's Bank Locker, Says 'Larger Public Interest' Doesn't Include Individual Interests
5 months, 2 weeks ago

[RTI Act] Delhi HC Denies Son's Plea For Details Of Deceased Father's Bank Locker, Says 'Larger Public Interest' Doesn't Include Individual Interests

Live Law  

The Delhi High Court recently dismissed an appeal against a single-judge bench's order upholding the Central Information Commission's refusal to grant information to a man pertaining to a bank locker of his deceased father under the Right To Information Act, 2005. The bench further said that Soni appeared to be seeking some information relating to the bank locker held by …

CBI not totally exempted from RTI Act: Delhi High Court
11 months ago

CBI not totally exempted from RTI Act: Delhi High Court

Hindustan Times  

The Central Bureau of Investigation is not exempt from disclosing information it possesses about corruption and human rights violations under the Right to Information Act, the Delhi high court has said. Section 24 of RTI Act gives intelligence and security agencies such as CBI immunity from the Act, with the proviso that such agencies should disclose information held by them …

CBI Not Liable To Furnish Information Under RTI Act, Exempted U/S 24: Kerala High Court
2 years, 2 months ago

CBI Not Liable To Furnish Information Under RTI Act, Exempted U/S 24: Kerala High Court

Live Law  

The Kerala High Court recently observed that the Central Bureau of Investigation is not liable to furnish any information sought under the RTI Act, as it is included in the second schedule in contemplation of Section 24 of the RTI Act which exempts certain organisations from the Act.As per Section 24 of the RTI Act, the Act shall not apply …

Definition Of "Public Authority" Under RTI Act Has No Application In Service Dispute: Delhi High Court
2 years, 5 months ago

Definition Of "Public Authority" Under RTI Act Has No Application In Service Dispute: Delhi High Court

Live Law  

The Delhi High Court has observed that the definition of 'public authority' as contained under sec. In the said judgment, the Court was concerned with the question as to whether the respondent was a "public authority" within the meaning of Section 2 of the Right to Information Act, 2005. The definition of "public authority" as contained in Section 2 of …

Over 32,000 RTI appeals pending with Central Information Commission: Govt.
3 years ago

Over 32,000 RTI appeals pending with Central Information Commission: Govt.

The Hindu  

More than 32,000 RTI appeals are pending with the Central Information Commission, the Rajya Sabha was informed on Thursday. In a written reply, Minister of State for Personnel Jitendra Singh said there was a pendency of 35,178 and 38,116 RTI appeals during 2019-20 and 2020-21, respectively. Mr. Singh said the government has taken several steps like capacity building through training …

Supreme Court To Hear Banks' Challenge Against RBI's RTI Notices For Disclosures On August 17
3 years, 5 months ago

Supreme Court To Hear Banks' Challenge Against RBI's RTI Notices For Disclosures On August 17

Live Law  

The Supreme Court on Friday adjourned hearing of the pleas filed by Banks challenging the notices issued by the Reserve Bank of India to them under Section 11 of the Right to Information Act as regards the inspection reports/ risk assessment reports for the years FY17-18 and FY18-19. A Justice Rao led Bench of the Supreme Court had on April …

Personal Information Having No Relation To Any Public Activity, Public Interest Cannot Be Disclosed Under RTI Act: Delhi High Court
3 years, 5 months ago

Personal Information Having No Relation To Any Public Activity, Public Interest Cannot Be Disclosed Under RTI Act: Delhi High Court

Live Law  

The Delhi High Court on Monday observed that any personal information having no relation with any public activity or public interest cannot be disclosed under the Right to Information Act. The Court also said that disclosure of such information can cause an unwarranted invasion into one's privacy.The observation came from a division bench comprising of Chief Justice DN Patel and …

"Purpose And Object Of RTI Act Defeated Due To Frivolous Applications" Plea Before Supreme Court Seeks Guidelines To Curb Misuse Of RTI Act
3 years, 6 months ago

"Purpose And Object Of RTI Act Defeated Due To Frivolous Applications" Plea Before Supreme Court Seeks Guidelines To Curb Misuse Of RTI Act

Live Law  

Supreme Court has on Monday adjourned the plea filed seeking guidelines to curb the misuse of Right to Information Act and smooth functioning of the public sectors, co-operative sectors, private Sectors, and organisation that fall under RTI Act.The adjournment was granted by a three-Judge Bench of CJI NV Ramana, Justice Bopanna and Justice Hrishikesh Roy in pursuance of a letter …

Public Authority To Give Cogent Reasons For Claiming Exemption From Disclosure Of Information Sought Under The RTI Act: Delhi High Court
3 years, 11 months ago

Public Authority To Give Cogent Reasons For Claiming Exemption From Disclosure Of Information Sought Under The RTI Act: Delhi High Court

Live Law  

Delhi High Court has on Friday observed that when a public authority withholds information under RTI Act, the burden is on the public authority to show in what manner disclosure of such information could impede the investigation. The present petition was filed seeking directions to impugn the order dated 15th January 2018 passed by the Central Information Commission, whereby it …

Disclosure Of Interest Necessary Only When 'Personal' Information Sought Under RTI Act: Delhi High Court Clarifies Its Recent Ruling
3 years, 11 months ago

Disclosure Of Interest Necessary Only When 'Personal' Information Sought Under RTI Act: Delhi High Court Clarifies Its Recent Ruling

Live Law  

The Delhi High Court on Friday clarified that whenever 'Personal Information' is sought under the 'Right To Information Act, 2005', the disclosure of applicant's interest in the information being sought would be necessary to establish his/her bonafides. Justice Prathiba Singh, on 29th January, observed that there has been an "inadvertent omission" in the earlier order and the Bench further clarified …

Disclosure of interest in info sought under RTI not ‘necessary’ but ‘important’
3 years, 11 months ago

Disclosure of interest in info sought under RTI not ‘necessary’ but ‘important’

Hindustan Times  

The Delhi high court has modified its earlier order to state that disclosure of applicant’s interest in the information sought under the Right to Information Act is “necessary” only when personal information is sought. On Friday, justice Prathiba Singh modified her earlier order of Jan 12 where it had said that the reason for disclosure of applicant’s interest is “necessary” …

Public Authorities To Encourage Online RTI Applications In 'Life & Liberty' Matters : CIC
4 years, 8 months ago

Public Authorities To Encourage Online RTI Applications In 'Life & Liberty' Matters : CIC

Live Law  

The Central Information Commission has decided a complaint registered under Section 18 of the Right to Information Act, 2005 in the year 2018 against the Central Public Information Officer, University of Delhi vide its order dated 23.04.2020. through the online portal of DOPT https://rtionline.gov.in/ to the public authority 'University of Delhi' seeking information on different counts pertaining to their cancellation …

Open, all the same: On CJI office and RTI Act
5 years, 1 month ago

Open, all the same: On CJI office and RTI Act

The Hindu  

The adage, “sunlight is the best disinfectant” is often used to delineate the need for disclosure of matters related to public interest through the Right to Information mechanism. The welcome ruling by a five-member Constitution Bench of the Supreme Court that the office of the Chief Justice of India is a “public authority” under the RTI Act, as much as …

Ruling on CJI’s office sets RTI example
5 years, 1 month ago

Ruling on CJI’s office sets RTI example

The Hindu  

Right to Information activists on Wednesday welcomed the Supreme Court verdict declaring the office of the Chief Justice of India as a public authority under the RTI Act and said the apex court’s decision would now serve as a precedent to help usher in more transparency, especially on the part of institutions that had hitherto been reluctant to comply with …

Chronology of events in office of Chief Justice of India falling under RTI Act case
5 years, 1 month ago

Chronology of events in office of Chief Justice of India falling under RTI Act case

The Hindu  

- Nov 11, 2007: RTI activist Subhash C. Aggarwal files a plea in the Supreme Court seeking information on judges’ assets. - Jan 6, 2009: CIC asks SC to disclose information on Judges’ assets on the ground that CJI’s office comes within the ambit of RTI Act. - Sep 2: Single Bench of High Court upholds CIC’s order saying that …

CJI falls under the ambit of RTI Act, rules Supreme Court
5 years, 1 month ago

CJI falls under the ambit of RTI Act, rules Supreme Court

Live Mint  

The Supreme Court on Wednesday ruled that the office of Chief Justice of India comes under the purview of the Right to Information Act. The five-judge bench of Chief Justice Ranjan Gogoi, Justice NV Ramana, Justice DY Chandrachud, Justice Deepak Gupta and Justice Sanjiv Khanna pronounced the verdict with a 3:2 majority. The verdict comes in the matter of a …

Supreme Court to decide today if CJI comes under RTI Act; Ranjan Gogoi had earlier said institution can't be destroyed in name of transparency
5 years, 1 month ago

Supreme Court to decide today if CJI comes under RTI Act; Ranjan Gogoi had earlier said institution can't be destroyed in name of transparency

Firstpost  

A five-judge constitution bench headed by CJI Ranjan Gogoi will pronounce its verdict after listening to a petition filed against a 2010 judgment of the Delhi High Court New Delhi: The Supreme Court will on Wednesday pronounce the verdict on whether or not the office of Chief Justice of India comes under the ambit of the Right to Information Act. …

CJI under RTI Act: A rare case where Supreme Court ruled against itself
5 years, 1 month ago

CJI under RTI Act: A rare case where Supreme Court ruled against itself

India Today  

Declaring that "transparency doesn't undermine judicial independence", the Supreme Court bench led by Chief Justice Ranjan Gogoi today rejected the contention of the Supreme Court that had challenged a Delhi High Court judgment bringing it under the ambit of the Right to Information Act. After receiving two setbacks in the Delhi High Court in 2009 and 2010 over an order …

SC reserves verdict on opening CJI office to RTI
5 years, 9 months ago

SC reserves verdict on opening CJI office to RTI

Live Mint  

, April 4 The Supreme Court on Thursday reserved its judgment on a petition seeking clarification whether the office of Chief Justice of India is covered under the Right to Information Act. Venugopal had submitted that sharing information connected with collegium, which is under the CJI office, would make judges and the government shy and destroy judicial independence. Venugopal also …

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