TMI Blog2019 (12) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... H, J. (ORAL) 1. The issue raised in this writ petition is as to whether a party to a case pending in a court can seek copies of documents which form part of the court record under the Right to Information Act, 2005. 2. The grievance of the respondent who had filed an application under the RTI Act centres around a dispute with his brother, Hira Lal Goyal. It is stated that illegal raids were conducted by the Income Tax Department on the premises of the respondent in 1993 on tip off the said brother. A search was carried out based on the alleged information supplied by the brother under Section 132 of the Income Tax Act on the premises of the respondent, his firms and other relatives. It is stated that on account of the illegal acts of the Income Tax Department, the respondent filed a civil suit for damages titled as S P. Goyal vs. Director of Income Tax Ors. before the High Court of Madras. Later on, the matter is said to have been transferred to the Delhi High Court. Subsequently, on account of enhancement of pecuniary jurisdiction, the matter stands transferred from the Delhi High Court to the District Court. 3. The respondent filed an applicati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the suit filed by the respondent, an application had been filed by the respondent under Section 76 of the Indian Evidence Act. The trial court while dealing with this application and an application of the IT Department declined to give a copy of the satisfaction note to the plaintiff or to be made known to the public at large and dismissed the said application of the respondent. It is in this light that the present writ petition has been filed by the petitioner seeking to impugn the order of the CIC. 9. I have heard learned counsel for the petitioner. 10. I may note that the respondent has in a communication dated 18.04.2019 to the then Presiding Judge of this court had stated that he is unable to appear before the court to attend the hearing of the court on account of illness. It was prayed that the writ petition be disposed of in the absence of the respondent by considering the reply filed by the applicant. 11. None has appeared for the respondents on 30.04.2019 and 26.07.2019. None appeared for the respondent today also. 12. Learned counsel for the petitioner has stated that the CIC has not appreciated the fact that the documents, namely, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e second application U/s 76 of the Indian Evidence Act which was filed on the premise that once the evidence has been recorded and the documents become the part and parcel of the file the plaintiff is entitled to get the said document. In my opinion this application would have only come into play once the I.A. No. 184 of 2015 of the department would have been disposed of. Once I have decided the said application, in favour of the department obviously they are entitled to seek privilege/content that the document be through out kept in a sealed cover. At the cost of repetition I reiterate that the Court will at the time of final appreciation of evidence shall take into account the search report/satisfaction note to ascertain the fact as to whether the act of the defendants were tainted on any extraneous reasons or malafide exercise of power and authority. 15. Hence, by the judicial order the civil court which is dealing with the suit filed by the respondent where the satisfaction folder has been filed has categorically refused to give a copy of the same to the respondent. The obvious remedy of the respondent was to challenge the said order in a higher forum but he has chos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be challenged by way of an appeal or revision or review or by any other legal proceeding. xxx 71. Consequently, the decision to allow or deny inspection or to give copies of the judicial file is clearly a part of and/or in the course of discharge of judicial function. xxx 73. Consequently, the SCR would be applicable with regard to the judicial functioning of the Supreme Court; whereas for the administrative functioning of the Supreme Court, the RTI Act would be applicable and information could be provided under it. The dissemination of information under the SCR is a part of judicial function, exercise of which cannot be taken away by any statute. It is settled legal position that the legislature is not competent to take away the judicial powers of the court by statutory prohibition. The legislature cannot make law to deprive the courts of their legitimate judicial functions conferred under the procedure established by law. 17. As per the above judgment, the judicial functions of a court are independent from the administrative function. The RTI Act cannot be resorted to in case information relates to a judicial function. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C 499, paras 4, 10, 12; Ishwar Singh Bagga Vs. State of Rajasthan, (1987) 1 SCC 101, para 9; and State of U.P. Vs. Harish Chandra and Co., (1999) 1 SCC 63, para 10]. 49. Since both the RTI Act, 2005 and the SCR aim at dissemination of information, there is no inherent inconsistency, other than the procedural inconsistency at the highest between the RTI Act and the SCR. xxxxxxx 53. The preamble shows that the RTI Act has been enacted only to make accessible to the citizens the information with the public authorities which hitherto was not available. Neither the Preamble of the RTI Act nor does any other provision of the Act disclose the purport of the RTI Act to provide additional mode for accessing information with the public authorities which has already formulated rules and schemes for making the said information available. Certainly if the said rules, regulations and schemes do not provide for accessing information which has been made accessible under the RTI Act, resort can be had to the provision of the RTI Act but not to duplicate or to multiply the modes of accessing information. 54. This Court is further of the opinion that if a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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