SC will challenge Delhi HC order putting it under RTI purview

The Supreme Court (SC) on Monday will challenge the Delhi high court’s September 2 ruling that the office of the Chief Justice of India (CJI) comes under the ambit of the Right to Information (RTI) Act.

The apex court registry will be moving a larger bench of the Delhi HC, challenging the judgment which, it feels, exposes confidential information that lies with the CJI.

“The SC will inform the high court (HC) about the compliance of its order relating to the disclosure of assets. The SC could not appeal earlier because the HC was on Dussehra break and will reopen on Monday,” a leading government attorney told DNA.

Scoffing at media reports that the SC was in contempt of court for not complying with the September 2 judgment, a source said: “The SC hasn’t committed any contempt. Where is the question of contempt?”

CJI KG Balakrishnan holds the view that the SC cannot be submitted to the RTI act’s jurisdiction. He is strongly against disclosing the deliberations that take place in the SC collegium, and the CJI’s communications with the prime minister and law minister besides other state functionaries.

On the issue of assets disclosure, the CJI holds that the judges have unanimously decided to put up on the SC website their and their family’s assets.

Former CJIs VN Khare and JS Verma had lauded the HC’s judgment and expressed the hope that the SC will not challenge it. “Challenging the RTI order was unfortunate and challenging the HC judgment will be worse,” former CJI Verma had told DNA.