SC refuses to divulge medical expenses incurred by judges under RTI

Times of India: New Delhi: Friday, 03 July 2015.

The Supreme Court on Thursday refused to divulge details of medical expenses incurred by judges and their family members under Right to Information Act inviting criticism that the court preaches transparency for other organs of governance but clams up when it comes to judiciary.

A three-judge bench of Chief Justice H L Dattu and Justices Arun Mishra and Amitava Roy dismissed a petition filed by RTI activist Subhash Chandra Agrawal, who had challenged a Delhi High Court order declining to subject judges' medical expenses to queries made under RTI Act.

The bench said: "Today you are asking for details of medical expenses. Tomorrow you will ask under RTI what medicines were being purchased by the judges and their families. Once the list of medicines is out, it would be easy to infer the ailments suffered by the judges. Will that not be a grave invasion into the privacy of the judges? We cannot entertain this petition."

Appearing for the petitioner, advocate Prashant Bhushan gave a long list of Supreme Court judgments infusing transparency in the legislature and bureaucracy, which were hailed as landmark verdicts by the public. He said the SC direction for filing of affidavits by the candidates seeking election to Parliament and assemblies gave great impetus to the citizens' fundamental right to know.

He said, "There is a growing public perception that the Supreme Court passes very good judgments when transparency is to be infused into the working of other wings of governance but it clams up when it comes to divulging information about judiciary."

Bhushan said after all, medical expenses of the judges were being met from the consolidated fund, which is public money. "If public money is spent in crores on the judges' medical expenses, should the public not know about it?"

The bench gave a quick counter: "None of us have spent crores of rupees on medical expenses. And no one has exceeded the expense limit prescribed under the service rules."

Bhushan agreed and said the information given says none of the judges have claimed any medical expenses for treatment abroad unlike the politicians.

However, Bhushan maintained that the Supreme Court stands on a different footing on moral grounds in public eye and hence, must set an example for other wings of governance by releasing information on the medical expenses of judges and their families.

"If the Supreme Court does not do it, it becomes a precedent for politicians, bureaucrats and other public servants to decline giving similar medical expenses incurred by them," he said. However, he was unable to convince the court, which dismissed the appeal.