The Hindu: Chennai:Tuesday, June 18, 2013.
In an order
of far-reaching import, the Madras High Court has ruled that internal
deliberations of judges relating to administration of judiciary cannot be
disclosed to any information seeker under the Right to Information (RTI) Act.
It also said
the supply of such information under the purview of the RTI would definitely
interfere with the proper discharge of the High Court’s role as an independent
authority under the Constitution of India.
Disposing of
an appeal against the Tamil Nadu State Information Commission (TNSIC)’s order,
the Division Bench comprising Justices Elipe Dharma Rao and M.Venugopal also
stated: “Notes, jottings, administrative letters, internal deliberation and
discussions on the administrative side of the High Court cannot be brought
under the Right to Information Act 2005.”
Originally,
R.M.Subramanian of Pudukottai instituted a civil case on a property dispute
against the Revenue administration before a civil court in Thirumayam. Though
the sub-ordinate court passed an order in his favour, it could not initiate
criminal proceedings against the authorities for non-execution of its order.
The matter was referred to the Madurai Bench of Madras High Court. The High
Court, on the administrative side, took a view that the subject was not a fit
case for initiating contempt proceedings.
Mr
Subramanian then sought copies of minutes recorded by Chief Justice and the
High Court Judge in charge of the district. As his request was declined, he
preferred the appeal before the TNSIC. He contended that though he was
permitted to peruse the records, he was not furnished with copies. The TNSIC,
in its order, advised him to obtain the copies by filing an application in the
High Court.
Challenging
the TNSIC order, the Registrar General (RG) filed the present writ petition as
decided by a committee of judges.
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