The Supreme Court has refused to share the medical expenses incurred by judges under the Right To Information Act, citing privacy as a shield.
Noted RTI activist Subhash Chandra Aggarwal had sought the information to know the medical reimbursements of judges in the top court and got a favourable order from the Central Information Commission. The Registry of Supreme Court approached the Delhi High Court, which on April 17 blocked such information to be accessed under the Right to Information Act.
Aggarwal in his appeal challenging the HC order claimed that judiciary should be at the forefront to disclose such information as the reimbursements are made from public funds and hence, privacy does not get attracted. Moreover, his counsel Prashant Bhushan argued, “You can’t say one law will apply to judges and other law will be applicable on other public servants. That will defeat the purpose of RTI law.”
The bench, headed by Chief Justice Hl Dattu, agreed with the reasoning given by High Court. “There should be some respect for privacy and if such information are disclosed, there will be no stopping,” said the bench, also comprising Justices Arun Mishra and Amitava Roy.
Sharing the apprehension in their minds, CJI said, “Today he (petitioner) is asking information for medical expenses. Tomorrow he will ask the medicines purchased by the judges. When there will be a list of medicines he can make out what type of ailment the judge is suffering from. It starts like this. Where does this stop.”
Bhushan told the order will have serious consequences as this would set a precedent for other public servants to deny information on medical expenses. “It is my (public) money which goes for reimbursement. Am I not entitled to know how it is spentIJ How is this an invasion of privacy,” he argued.
The bench said that the reimbursements are part of entitlement as per the service conditions of judges as it proceeded to dismiss the petition.