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The Delhi High Court on Tuesday delivered a comprehensive judgment holding that there is no inconsistency in the Supreme Court Rules (SCR) and the Right to Information Act (RTI) and therefore, Right to Information Act would not override the Supreme Court Rules when it comes to dissemination of information.
Justice Manmohan also observed that RTI Act cannot be resorted to, in case the information sought related to judicial function, which can be challenged by way of any legal proceedings.
The Supreme Court of India, through its Registrar, had challenged an order of the Central Information Commission (CIC), which had directed the apex court to answer the queries of litigant RS Misra as to why his SLP was dismissed.
During the submissions made by Senior Advocate Siddhartha Luthra, appearing for the petitioner and Advocate Deepali Gupta, representing the respondent, the Single Judge Bench of Justice Manmohan, agreed with them and it was also held that the CIC should not have directed the petitioner to supply information.
“A Judge speaks through his judgments or orders passed by him. A Judge cannot be expected to give reasons other than those that have been enumerated in the judgment or order. If any party feels aggrieved by the order/judgment passed by a Judge, the remedy available to such a party is to challenge the same by a legally permissible mode.
No litigant can be allowed to seek information through an RTI application or a letter on the administrative side as to why and for what reasons the Judge had come to a particular decision or conclusion.”, observed by the Court.
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