Case Note & Summary
The Supreme Court dealt with a petition for Special Leave to Appeal against the dismissal of a Letters Patent Appeal by the High Court of Delhi. The appellant, Anjali Bhardwaj, sought information under the Right to Information Act, 2005 regarding the decisions taken in a Collegium meeting held on December 12, 2018. The CPIO had denied the request, stating that no final decisions were made during that meeting. The First Appellate Authority upheld this decision, and the learned Single Judge of the High Court confirmed it, emphasizing that the Collegium's discussions did not culminate in a formal resolution. The petitioner argued that certain decisions were indeed made and should be disclosed, referencing a media article and a prior resolution from October 3, 2017, which mandated the uploading of Collegium decisions. The Supreme Court, however, clarified that until a final decision is reached and a resolution is signed, discussions remain tentative and are not subject to disclosure under the RTI Act. The court reiterated that only finalized resolutions are to be made public, leading to the dismissal of the Special Leave Petition.
Headnote
A) Right to Information - Disclosure of Collegium Decisions - No Final Decision Taken - Right to Information Act, 2005, Section 8 - The court held that discussions in the Collegium do not constitute final decisions unless a resolution is formally drawn and signed. Since no final decision was taken in the meeting held on 12.12.2018, the information sought was not required to be disclosed under the RTI Act. (Paras 5-6).
Issue of Consideration
Whether the decisions taken in the Collegium meeting held on 12.12.2018 were required to be disclosed under the Right to Information Act, 2005.
Final Decision
The Supreme Court dismissed the Special Leave Petition, affirming that no final decision was taken in the Collegium meeting held on 12.12.2018, and thus, the information sought was not required to be disclosed under the RTI Act.
Law Points
- Right to Information
- Collegium System
- Final Decision Requirement
- RTI Act
- 2005
