In Re Subhash Chandra Agrawal (Central Information Commission)

DATE: (Date of pronouncement)
DATE: January 7, 2009 (Date of publication)

Under the Right to Information Act, the Court is required to provide information as to the assets declared by the Judges.

Where the Supreme Court declined to provide information as to whether the judges had declared their assets on the ground that the Chief Justice of India and the Supreme Court of India are two distinct Public Authorities and that the Registry of the Court does not hold the information requested, HELD, rejecting the stand:

(i) The Supreme Court of India is an institution created by the Constitution and is, therefore, a Public Authority within the meaning of Section 2(h) of the Right to Information Act;

(ii) The declaration of assets by the judges cannot be said to be provided to the Chief Justice of India in his personal capacity or in a “fiduciary” capacity;

(iii) The information concerning the Judges of the Supreme Court is available with the Supreme Court and the CPIO represents the Supreme Court as a Public Authority. Under the RTI Act, he is, therefore, obliged to provide this information to a citizen making an application under the RTI Act.