Case Note & Summary
The case involves two writ petitions filed by the State Public Information Officer and Deputy Registrar (Establishment) of the High Court of Karnataka challenging an order dated 30.04.2013 passed by the Karnataka Information Commission (first respondent) in KIC No.10682/PTN/2012 and KIC No.10684/PTN/2012. The second respondent, N. Anbarasan, had filed an application on 07.05.2012 seeking certified copies of notices issued by the High Court to its judges. The Information Commission directed the petitioner to provide the copies. The petitioner challenged this order under Article 227 of the Constitution of India. The court considered whether the notices issued to judges are exempt from disclosure under Section 8(1)(j) of the Right to Information Act, 2005, which exempts personal information that has no relationship to any public activity or interest, or which would cause unwarranted invasion of privacy. The court held that the notices relate to personal information of the judges and are exempt from disclosure. The court quashed the order of the Information Commission and allowed the writ petitions.
Headnote
A) Right to Information - Exemption from Disclosure - Personal Information - Section 8(1)(j) of the Right to Information Act, 2005 - Notices issued by the High Court to its judges regarding administrative matters constitute personal information of the judges and are exempt from disclosure under Section 8(1)(j) of the RTI Act, as such disclosure would cause unwarranted invasion of privacy of the judges. The court held that the Karnataka Information Commission erred in directing disclosure of such notices. (Paras 3-5) B) Right to Information - Public Authority - High Court - Administrative Functions - The High Court, while performing administrative functions such as issuing notices to judges, acts as a public authority under the RTI Act. However, the information sought must be disclosed only if it does not fall within the exemptions under Section 8 of the Act. The court held that the notices in question were exempt under Section 8(1)(j). (Paras 3-5)
Issue of Consideration
Whether notices issued by the High Court to its judges regarding administrative matters are exempt from disclosure under Section 8(1)(j) of the Right to Information Act, 2005 as personal information.
Final Decision
The court allowed the writ petitions and quashed the order dated 30.04.2013 passed by the Karnataka Information Commission.
Law Points
- Right to Information Act
- 2005
- Section 8(1)(j)
- personal information
- exemption from disclosure
- privacy of judges
- High Court administrative functions
