The Central Information Commission has rejected an appeal filed seeking information with regard to representations made to then CJI N V Ramana on setting up regional benches of the Supreme Court, noting it may lead to needless controversy or even law and order problem as no final decision has yet been made.
The Commission noted the submission that no final decision has been taken by the authorities concerned about setting up of the benches of the Supreme Court outside Delhi and that the matter is still under discussion with the stakeholders.
"We find force in the arguments that the information sought, if disclosed at this stage, could lead to needless controversy of a political nature, which should best be avoided taking into account the need for efficient functioning of the Supreme Court. It is felt that the disclosure of this sensitive information could arouse regional feelings leading to law and order problems," Chief Information Commissioner Y K Sinha said.
Rejecting an appeal filed by Mumbai-based advocate Amritpal Singh Khalsa, the transparency panel declared this case fell under section 8(1) (a) of the RTI Act.
This provision stated that information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence could not be disclosed.
Khalsa, in his argument, contended information sought was denied to him though it was neither personal in nature nor does any fiduciary relationship existed between bar councils and the Supreme Court.
The SC official, on the other hand, contended the representation was addressed by a bar association to the Chief Justice of India and was held in a fiduciary capacity hence the information was denied from disclosure.
A group of Bar Council members had on July 26, 2021 met with the Chief Justice of India demanding action on setting up a regional bench of Supreme Court in South India.
Khalsa filed an application under the Right to Information Act on August 27, 2021 with the office of CJI, seeking copy of "proposal, representation, memo or letter of July 26, 2021 submitted with the CJI", action taken report, entire file notings and any letter, order, email or memo issued by the CJI to any dignitary in this regard.
Notably, a delegation of members of Bar Council of five southern States, Tamil Nadu, Karnataka, Kerala, Andhra Pradesh and Telangana had met the then CJI and then Vice President M Venkaiah Naidu on July 26, 2021 and gave a representation for setting up a bench of the Supreme Court in South India.