In the case of Central Public Information Officer, Supreme Court of India v Subhash Chandra Agarwal, Delhi High Court held that the Chief Justice of India is a public authority under the Right to Information (RTI) Act, 2005, and that information on assets declared by Supreme Court judges, which is currently in the possession of the chief justice, will come within the ambit of the RTI Act.
In this case the Supreme Court was for the first time a petitioner before Delhi High Court, which is subject to the Supreme Court’s superior appellate jurisdiction.
Agarwal had requested the Central Public Information Officer (CPIO) of the Supreme Court to furnish a copy of the court’s resolution of 7 May 1997, which required every judge to make a declaration of his or her assets. Argawal also sought information relating to the declarations of assets which had been furnished by the judges.
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The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Please note that the item titled “Google search sparks trademark trouble” was contributed by Nishith Desai Associates, a Mumbai-based law firm. Readers should not act on the basis of this information without seeking professional legal advice.
