No information on judges’ medical bill under RTI

Chief Justice H.L. Dattu presiding over a three-judge bench, which included Justices Arun Mishra and Amitav Roy told counsel Prashant Bhushan “today he (petitioner) is asking for medical treatment expenses. Tomorrow he may ask the list of medicines the judges purchased. With this information he can easily make out what type of ailment the judge was suffering. Where does it stop? You should respect the privacy of judges.”

The bench then dismissed the appeal. On an application from RTI activist Subhash Chandra Agarwal, the Central Information Commission directed the apex court Registry to furnish information about medical expenses incurred by Supreme Court judges and their families in the last three years.

On appeal, the Delhi High Court reversed this order and held that such information would not come under the Right to Information ambit and this would violate the privacy of the judges. The present appeal by Mr. Agarwal is against this judgment.

Counsel Prashant Bhushan, appearing for the appellant submitted that since the expenditure towards medical expenses was made out of public funds, people have a right to know how the tax-payer’s money was being spent. He pointed out that Supreme Court ought not to be reluctant to disclose the information just because it concerns the judges.

He said that there was a public impression that judiciary was not willing to follow the same standards of transparency and accountability, that it expects from other public authorities and public servants. Mr Prashant Bhushan said that unfortunately judges acting as a judge in their own cause are deciding whether information concerning themselves is to be divulged or not, and are overturning orders of the Central Information Commission which has directed disclosure of information concerning appointment, transfers and medical expenses of judges.