ISTM Logo Here

Gandhiji Image here
Sun, Oct 24, 2021
Hindi Website Button Here
RTI >> Judgments >> Supreme Court >> Definition of Information
High Courts(Definition of Information)/ CIC(Definition of Information)
S.No. SUPREME COURT CASE DATE OF JUDGMENT JUDGMENT
1 Civil Appeal No(S).1966-1967 of 2020 Civil Appeal No(S).1966-1967 of 2020
(149.76 KB) pdf icon
04 Mar, 2020 Civil Appeal No(S).1966-1967 of 2020 Civil Appeal No(S).1966-1967 of 2020

Brief facts of the judgment
The point falling for determination in this appeal is as regards the right of a third party to apply for certified copies to be obtained from the High Court by invoking the provisions of Right to Information Act without resorting to Gujarat High Court Rules prescribed by the High Court.

Decision of Supreme Court
We summarise our conclusion :- (i) Rule 151 of the Gujarat High Court Rules stipulating a third party to have access to the information/obtaining the certified copies of the documents or orders requires to file an application/affidavit stating the reasons for seeking the information, is not inconsistent with the provisions of the RTI Act; but merely lays down a different procedure as the practice or payment of fees, etc. for obtaining information. In the absence of inherent inconsistency between the provisions of the RTI Act and other law, overriding effect of RTI Act would not apply. (ii) The information to be accessed/certified copies on the judicial side to be obtained through the mechanism provided under the High Court Rules, the provisions of the RTI Act shall not be resorted to.
2 Civil appeal No. 6454 of 2011
(264.42 KB) pdf icon
09 Aug, 2011 Central Board of Secondary Education and Anr Appellants Vs Aditya Bandopadhyay and Ors

The answer book is a document or record. When the answer book is evaluated by an examiner appointed by the examining body, the evaluated answer book becomes a record containing the opinion of the examiner. Therefore the evaluated answer book is also information under the RTI act.
3 Special Leave Petition (Civil) No. 34868 of 2009
(115.30 KB) pdf icon
04 Jan, 2010 Khanapuram Gandaiah Vs Administrative Officer & Ors.

The petitioner sought under RTI Act, reasons for why certain documents submitted by him were not taken into consideration by the Civil Court. He also sought reasons for issuing certain decisions by the Court. The CPIO, First Appellate Authority and Second Appellate Authority rejected the information. High Court had dismissed the petition. The Supreme Court observed that “under the RTI Act an applicant is entitled to get copy of the opinions, advices, circulars, orders, etc., but he cannot ask for any information as to why such opinions, advices, circulars, orders, etc. have been passed, especially in matters pertaining to judicial decisions”.

The relevant sections have been discussed in paragraph Numbers 6 and 7 of the judgement.
Total Case uploaded: 3