Zee
News: New Delhi: Tuesday, 20 January 2015.
Delhi High
Court on Monday stayed a single judge's order directing Supreme Court registry
to provide information to an RTI activist regarding cases whose judgements have
been pending after being reserved.
A bench of
Chief Justice G Rohini and Justice Rajiv Sahai Endlaw also issued notice to RTI
activist Commodore (retd) Lokesh K Batra, the apex court's Central Public
Information Officer (CPIO) and the Appellate Authority, under the transparency
law as they have been made parties in the appeal filed by the apex court
registry.
The high
court sought their responses by February 12, till when its single judge order
of December 4 last shall remain stayed.
Apart from
directing the apex court's CPIO to give the data sought by Batra, the December
4 order had also held as "unsustainable" the stand of the registry
that since the data asked for was not maintained in the manner as was sought,
it was not under any obligation to provide the same.
The Supreme
Court registry in its appeal, settled by senior advocate AS Chandhiok and
advocate Ritesh Kumar, has said that "information with respect to each and
every judgement reserved is available in public domain, case wise".
"Similarly,
where a judgement or order is pronounced, same is also placed in public domain.
Therefore, it is not a case of non-availability of information," the
petition said.
It said the
information sought by Batra "may not be in a form or manner in which
respondent wants it".
Advocate
Prashant Bhushan, who appeared for Batra, opposed the contentions of the apex
court registry and supported the December 4 judgement of the high court.
The High
Court in its judgement had also upheld the August 4, 2011 order of the Central
Information Commission (CIC) directing CPIO of the apex court to provide the
information sought.
The CIC order
has also been challenged by the registry.