CENTRAL INFORMATION COMMISSION
Complaint No.- CIC/WB/C/2009/000346 dated: 23.07.'09
Right to Information Act- Section 18
Complainant: Shri L. K. Anitha
Respondent: Supreme Court of India (SCI), New Delhi.
Decision announced 30.06.'10
Facts
:-
By an application dated 28.02.2009 Shri L. K. Anitha of Nainarmandabam,
Puducherry sought for all reported judgment of Supreme Court since 1950 in
computer CD format from the CPIO, Supreme Court of India, New Delhi.
Complainant has not enclosed the copy of his application with his complaint
petition. In his response dated 02.04.2009, CPIO, Shri Raj Pal Arora, Addl.
Registrar, SCI informed the complainant the all the judgments of that Hon’ble
Court are reported in Law Journals and also available on the Supreme Court
website which can be downloaded therefrom. The CPIO, through another
response dated 08.05.2009, in respect of another application dated 11.04.2009
of the complainant for same information, informed him “inspection/ search of
judicial records can be done and certified copies of the judgments/ judicial
records can be obtained by moving an application to Registrar (Copying),
Supreme Court of India under Order XII, Supreme Court Rules, 1966 on
payment of prescribed fee and charges.”
Complainant has moved a complaint before us praying, “It is very high
amount (fee and charges under Supreme Court Rules, 1966) so please provide
the information under RTI Act.”
Decision Notice
It is clear from the facts available in the record that the present complaint
has not been filed against the response given by the CPIO but for what
complainant considers excessive charges demanded for obtaining the
information as per Supreme Court Rules, 1966. It is pertinent to mention here
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that the provision of additional fee, which is paid under “Right to Information
(Regulation on Cost & Price) Rule, 2005” is for that information which is held by
the public authority and in other wise not accessible in any form. CPIO has
clarified that the desired information of the complainant is available on the
Supreme Court’s website and can be downloaded therefrom and also that the
same is available as per order XII of the Supreme Court Rules, 1966. Because
there is no refusal of information stated or implied in the Supreme Court Rules,
1966, there is therefore no inconsistency with the RTI Act, 2005. In light of the
above, the present complaint is hereby dismissed.
Announced this thirtieth day of June 2010 in open chambers. Notice of this
decision be given free of cost to the parties.
Wajahat Habibullah
(Chief Information Commissioner)
30.06.2010
Authenticated true copy, additional copies of order shall be supplied against
application and payment of the charge prescribed under the Act to the CPIO of
this Commission.
Pankaj K. P. Shreyaskar
Joint Registrar.
30.06.2010
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