File Notings Made By Judges in Administrative Meetings Exempt From Disclosure under RTI Act
Case: The Satara District Bar Association v. State Of Maharashtra and Ors.
Coram: Justices GS Patel and Madhav J Jamdar
Case No.: Writ Petition No. 3879 Of 2021
Court Observation: “Withholding file notings is, in our view, entirely salutary. This is required for the better administration of justice. The actual material may be disclosed pursuant to an RTI enquiry as along with the final decision but the file notings are only transitory and tentative views and an exchange of views. These should under no circumstances be allowed to be brought into public domain or be made the subject of any controversy.”
“The last thing that is desirable is a litigation calling into question the candid views on an administrative issue of any judge. And, finally, this is critical: the High Court administration speaks with one voice. We leave this aspect of the matter at this stage.”
“There is certainly an element of confidentiality in the notings by Judges of any Committee of this Court. There is also very good reason why such notings should not in fact ever be disclosed or allowed to be disclosed…There is a full and frank exchange of views; dissents, especially noted dissents, are exceedingly rare. A judge who had earlier endorsed contrary notings might, in the discussions that followed with the other Judges reverse his position.” “In any meeting, there is no question of any Judge being senior or junior. At that stage, all are equally entitled to voice their views. There is a full and frank exchange of views; dissents, especially noted dissents, are exceedingly rare.”
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Disclosure under RTI Act
