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The facts of the case are that the Respondent (hereafter “applicant”) had, on
10.11.2007 required the Central Public Information Officer, Supreme Court of India
(“the CPIO”), nominated under the Right to Information Act (hereafter “the Act”) to
furnish a copy of the resolution dated 7.5.1997 of the Full Court of the Supreme Court,
(“the 1997 resolution”) which requires every judge to make a declaration of all assets.
He further sought for information relating to declaration of assets etc, furnished by the
respective Chief Justices of States. By order dated 30th November, 2007, the CPIO
informed the applicant that a copy of the resolution dated 7.5.1997 would be furnished
on remitting the requisite charges. He was also told that information relating to
declaration of assets by the judges was not held by or under the control of the Registry
of the Supreme Court and, therefore, it could not be furnished.
The applicant appealed to the nominated Appellate authority, who, after hearing
him, recorded satisfaction (of the applicant) about receipt of a copy of the resolution; he
nevertheless, challenged the second part of the impugned order which held that the
CPIO did not hold any information regarding the declaration of assets. It was also
contended that if the CPIO was not holding the information, he should have disclosed
the authority holding such information and should have referred the application to such
an authority, invoking Section 6 (3) of the Right to Information Act. It was also
contended out that assuming that the CPIO did not hold the information, since the
applicant had sought information regarding the declaration of assets made by the
various Chief Justice of the States, the CPIO, Supreme Court should have transferred the
matter to the respective CPIOs. The appellate authority remanded the matter for
reconsideration, to the CPIO, observing as follows:
“A perusal of the application dated 10.11.2007 discloses that the appellant had
sought for information relating.
10.11.2007 required the Central Public Information Officer, Supreme Court of India
(“the CPIO”), nominated under the Right to Information Act (hereafter “the Act”) to
furnish a copy of the resolution dated 7.5.1997 of the Full Court of the Supreme Court,
(“the 1997 resolution”) which requires every judge to make a declaration of all assets.
He further sought for information relating to declaration of assets etc, furnished by the
respective Chief Justices of States. By order dated 30th November, 2007, the CPIO
informed the applicant that a copy of the resolution dated 7.5.1997 would be furnished
on remitting the requisite charges. He was also told that information relating to
declaration of assets by the judges was not held by or under the control of the Registry
of the Supreme Court and, therefore, it could not be furnished.
The applicant appealed to the nominated Appellate authority, who, after hearing
him, recorded satisfaction (of the applicant) about receipt of a copy of the resolution; he
nevertheless, challenged the second part of the impugned order which held that the
CPIO did not hold any information regarding the declaration of assets. It was also
contended that if the CPIO was not holding the information, he should have disclosed
the authority holding such information and should have referred the application to such
an authority, invoking Section 6 (3) of the Right to Information Act. It was also
contended out that assuming that the CPIO did not hold the information, since the
applicant had sought information regarding the declaration of assets made by the
various Chief Justice of the States, the CPIO, Supreme Court should have transferred the
matter to the respective CPIOs. The appellate authority remanded the matter for
reconsideration, to the CPIO, observing as follows:
“A perusal of the application dated 10.11.2007 discloses that the appellant had
sought for information relating.
