Delhi HC dismisses plea challenging CIC order regarding details of SC collegium meeting of December 2018

Justice Yashwant Varma on Wednesday dismissed the plea moved by RTI Activist Anjali Bhardwaj challenging an order dated December 16, 2021, passed by the Central Information Commission in Second Appeal, in which it has dismissed the petitioner's appeal. The petitioner had sought direction from authorities to disclose the available information sought in the RTI application on February 26, 2019.

The petition stated that on January 23, 2019, former Justice Madan B Lokur, who was one of the members of the collegium meeting of December 12, 2018, and was retired on December 30 that year, in an interview had expressed his disappointment that December 12, 2018 collegium meeting resolution was not uploaded in the Supreme Court website.

In the petition, Justice Lokur was quoted having said, "once we take certain decisions, they have to be uploaded".

"In such circumstances, in the interest of transparency in the appointment in the judiciary, on February 26, 2019, the petitioner through an RTI application to the Central Public Information Officer (CPIO) of the Supreme Court sought a copy of the agenda, decisions and resolution of the collegium meeting held on December 12, 2018," stated the plea.

The plea stated that the CPIO of the Supreme Court refused to provide the information. It was challenged before the First Appellate Authority (FAA).

"While disposing of the appeal, the FAA had also dismissed it holding that in view of the subsequent collegium resolution of January 10, 2019, it was clear that though certain decisions were taken in the meeting of December 12, 2018, the required consultation could not be completed therefore no resolution was formally passed. Therefore the information sought could not be supplied to the petitioner," the plea said.

The petition stated that in the second appeal, the CIC dismissing it had relied on the resolution of 10 January 2019. It was also held that the copy of the decision and the resolution of 12 December 2018 did not exist on record and therefore could not be supplied to the petitioner. (ANI)