2016 (1) TMI 1377

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....ndent No.1 herein made two applications dated 17.12.2009 and 22.12.2009 under the Right to Information Act, 2005 seeking details of the cases pending before the Supreme Court of India in which the arguments have been heard and the orders are reserved during the period 2007-2009. The Central Public Information Officer (CPIO) of the Supreme Court of India had not provided the information on the ground that it was not available in that form. The appeals preferred by the respondent No.1 were dismissed by the First Appellate Authority under the Act. However, the Second Appeals were disposed of by the Central Information Commission (CIC) by order dated 03.08.2011 directing the CPIO to provide the information within 15 days if available centrally ....

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....ned in the past, a direction can be given for compiling of such information in future so as to enable the public to have the information about the pending cases. 8. Though the learned Single Judge accepted the plea of the writ petitioner/CPIO that the information is not collated and analyzed in the manner as sought by the respondent No.1 and that the Act does not enjoin a public authority to create, collect or collate information that is not available with it, it was opined that the said principle of law cannot be used to deny information that is available with a public authority but not in the form as is sought. 9. The said conclusion of the learned Single Judge is assailed in this appeal contending inter alia that having found that ....

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....Section 2 of the Act. If a public authority has any information in the form of data or analysed data, or abstracts, or statistics, an applicant may access such information, subject to the exemptions in Section 8 of the Act. But where the information sought is not a part of the record of a public authority, and where such information is not required to be maintained under any law or the rules or regulations of the public authority, the Act does not cast an obligation upon the public authority, to collect or collate such non-available information and then furnish it to an applicant........" 13. It is clear from the law laid down in CBSE v. Aditya Bandopadhyay & Ors. (supra) that an applicant under the Act has access to only such informatio....