ANJALI BHARDWAJ Vs. CPIO, SUPREME COURT OF INDIA

JUDGEMENT

(1.) The writ petitioner has challenged the order of 16/12/2021 passed by the Central Information Commission on a second appeal which was preferred. The appeal itself was directed against a response which was proffered by the competent authority for the petitioner being provided the minutes and the resolution of the meeting of the Collegium of the Hon'ble Supreme Court stated to have been held on 12/12/2018. The respondents have apprised the petitioner that although certain decisions were taken by the Hon'ble Members of the Collegium on 12/12/2018, however, since required consultation could not be completed, the agenda items of the aforesaid meeting were taken up for discussion again by the Collegium on 5/6/1/2019 when it resolved for the proposals being considered afresh in light of the additional material that had become available. In light of the aforesaid disclosures that were made, the Chief Information Commissioner held that in the absence of any resolution being passed in the meeting held on 12/12/2018, the petitioner has been correctly advised that in the absence of available information, no disclosure can possible be made.

(2.) Assailing the aforesaid decisions, Mr. Bhushan, learned counsel appearing for the petitioner, would contend that undisputedly the Collegium of the Hon'ble Supreme Court had on 3/10/2017, unequivocally resolved that all decisions henceforth taken shall be posted on the website of the Court. Emphasis is laid on the fact that the aforesaid decision was taken to ensure transparency, maintain confidentiality and inspire confidence in the collegium system. Mr. Bhushan would contend that the disclosures made by the respondents clearly refer to certain "decisions" stated to have been taken by the Collegium on 12/12/2018. According to Mr. Bhushan, that in itself, would warrant disclosure of requisite information to the petitioner.

(3.) The attention of the Court is drawn to the fact that by the time the Collegium reconvened on 10/1/2019, one of the Hon'ble members who had attended the meeting of 12/12/2018, had demitted office. It is contended that the newspaper reports have referred to certain statements attributed to have been made by one of the said Hon'ble member of the Collegium who is reported to have stated that certain decisions were, in fact, taken and had expressed disappointment that the same had not been uploaded. It is in the aforesaid backdrop that Mr. Bhushan submits that the decision impugned is liable to be quashed and set aside.