Court proceedings not under RTI Act: CIC

“...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.

“...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.

Dismissing the applicant’s plea that anyone seeking inspection of the records should be allowed on payment of prescribed fees, the Commission said that the RTI Act gave “total discretion” to the court or the tribunal to decide as to what should be allowed for disclosure. The Commission which has remanded the case back to the President and Appellate Authority of ITAT to determine the issue of disclosure of the information, has made it aptly clear that any remedy, if available, to the applicant shall only be under the Income Tax law.