In a landmark decision, the Central Information Commission (CIC) has ruled that judicial proceedings of all courts and tribunals are beyond the purview of the Right to Information (RTI) Act.

“...a judicial authority must function with total independence and freedom. Should it be found that an action initiated under the RTI Act impignes upon the authority of that judicial body, the Commission will not authorise the use of the RTI Act for any such disclosure requirement,” a full bench headed by Chief Information Commissioner Wajahat Habibullah said in its 22-page order.

Terming any intrusion in regard to judicial work as “unnecessary”, the bench noted that “judiciary is independent and all judicial authorities including all courts and tribunals must work independently and without any interference in so far as their judicial work is concerned.”

The order came on an application of Delhi-based Chartered Accountant Rakesh Kumar Gupta, who had sought from the Income Tax Appellate Tribunal (ITAT) copies of minutes as maintained by members of its bench in an Income Tax assessment case of Escorts Limited and had also asked for inspection of the case records.

The matter, which was taken up with the CIC following ITAT’s denial of the information, was contested by the tribunal on the ground that as per relevant rules of Income Tax Act, such copies of its orders could only be provided to the concerned assesses. The tribunal further contended that Escorts Limited had “strongly objected” to such inspection of the records.

“...It would not be appropriate for the Commission or any entity functioning as part of the RTI regime, to pronounce on the disclosure of a given set of information, if it is found that under another law (such as Income Tax Act), this disclosure function is exercisable as part of the judicial function by a judicial authority, such as the ITAT,” the bench noted.

... contd.