Supreme Court of India
CHIEF INFORMATION COMMR. AND ANOTHERversusSTATE OF MANIPUR AND ANOTHER
- Citation
- 2011 INSC 842
- Decided
- 12 December 2011
- Disposal
- Disposed off
- Bench
- A K GANGULY
Holding
A refusal to furnish information under Section 6 is remedied by an appeal under Section 19; the Commissioner cannot direct disclosure under Section 18, and Section 24 notifications are not retrospective and do not exempt corruption or human‑rights allegations.
Summary
The Chief Information Commissioner of Manipur and another filed two RTI applications under Section 6 seeking details of magisterial inquiries, but received no response from the State Public Information Officer. They lodged complaints under Section 18, prompting the Commissioner to direct the officer to disclose the information; the State challenged these orders. The Supreme Court held that a failure to respond to a Section 6 request amounts to a refusal covered by Section 7, and the only statutory remedy is an appeal under Section 19, not a direction under Section 18. Consequently, the Commissioner lacks jurisdiction to order disclosure under Section 18, and the aggrieved party must pursue the appeal mechanism. The Court also clarified that a notification issued under Section 24 cannot be given retrospective effect and does not exempt matters involving corruption or human‑rights violations. The parties were directed to file Section 19 appeals within four weeks, and the appeals were disposed of without costs.
Issues considered
- The jurisdiction of the State Information Commissioner to direct disclosure of information under Section 18 of the RTI Act.
- Whether a refusal to provide information under Section 6 triggers the remedial mechanism of Section 19 rather than Section 18.
- The retrospective operation of a notification issued under Section 24 of the RTI Act and its applicability to corruption and human‑rights matters.
Legislation cited
- Constitution of Indias. Article 19(1)(a), s. Article 19(2)
- Right to Information Act, 2005s. 18, s. 19, s. 24, s. 6, s. 7
Subjects
Right to InformationSection 18Section 19appeal procedurejurisdictionexemption notificationretrospective effecttransparencyfreedom of speechArticle 19
Judgment
[2011] 13 (ADDL.) S.C:R. 505
CHIEF INFORMATION COMMR. AND ANOTHER A
v
STATE OF MANIPUR AND ANOTHER
(Civil Appeal Nos.10787-10788 of 2011)
DECEMBER 12, 2011
B
[ASOK KUMAR GANGULY AND GYAN SUDHA MISRA,
JJ.]
RIGHT TO INFORMATION ACT, 2005:
c
ss. 7, 18(1) and 19(1) - No response to application
seeking information uls 6 - Remedy - Applicant filing
complaint uls 18 - Chief Information Commissioner directing
the State Information Officer to furnish the required information
- Held: The applicant after having applied for information u/ D
s 6 and then not having received any reply thereto, it must
be deemed that he has been refused the information - The
situation is covered by s. 7 and the remedy is provided by
way appeal u/s 19 - Applicant directed to file appeals u/s 19
in respect of the requests made in his applications - Appeal E
- Interpretation of Statutes - Limitation.
ss. 18 and 19 - Scope of and difference between the two
procedures - Explained.
s. 24(4) - Act not to apply to certain organizations - F
Notification dated 15.10.2005,issued by State Government
notifying the exemption of certain Government organizations
from the purview of the Act - Held: s. 24 does not have any
retrospective operation - Therefore, no notification issued in
exercise of the power uls 24 can be given retrospective effect G
- Even otherwise, the exemption does not cover a/legations
of corruption and human right violations - Government of
Manipur Notification dated 15. 10. 2005 - Retrospective
operation.
505 H
506 SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R.
A Object of the Act - Held: The Act has been enacted to
promote transparency and accountability in the working of
every public authority in order to strengthen the core
constitutional values of a democratic republic and to curb
corruption - The Act is meant to harmonise the conflicting
B interests of Government to preserve the confidentiality of
sensitive information with the right of citizens to know the
functioning of the governmental process in such a way as to
preserve the paramountcy of the democratic ideal - The Act
is based on the concept of an open society - Declaration of
c European Convention for the Protection of Human Rights
(1950); and Universal Declaration of 1948.
CONSTITUTION OF IND/A, 1950:
Article 19 (1) (a)-Right to information - Held: Right to
D information which is basically founded on the right to know,
is an intrinsic part of the fundamental right to free speech and
expression guaranteed under Article 19 (1) (a) - Right to
information is definitely a fundamental right of free speech -
Right to Information Act, 2005.
E
INTERPRETATION OF STATUTES;
Harmonious construction - HELD: No statute should be
interpreted in such a manner as to render a part of it redundant
or surp/usage - When a procedure is laid down statutorily and
F there is no challenge to the said statutory procedure the court
should not, in the name of interpretation, lay down a procedure
which is contrary to the express statutory provision - Thus, a
construction which leads to redundancy of a portion of the
statute cannot be accepted in the absence of compelling
G reasons.
Appellant no. 2 filed two applications dated 9.2.2007
and 19.5.2007 u/s 6 of the Right to Information Act, 2005
seeking information regarding magisterial inquiries
H
CHIEF INFORMATION COMMR. AND ANR. v. STATE 507
OF MANIPUR
initiated by the State Government during certain periods. A
As there was no response by the State Public
Information Officer, the appellant filed two complaints u/
s 18 of the Act. The State Chief Information
Commissioner, by orders dated 3.5.2009 and 14.8.2007,
directed respondent No.2 to furnish the required B
information within 15 days of the respective orders. The
State challenged both the orders by filing writ petitions,
which were dismissed by the Single Judge of the High
Court, inter-alia, upholding the orders of the Chief
Information Commissioner. However, in the writ appeals, c
the Division Bench of the High Court held that the Chief
Information Commissioner acted beyond his jurisdiction,
as u/s 18 of the Act, he was not empowered to pass a
direction to the State Public Information Officer for
furnishing the information sought for by the complainant,
0
and such a power was conferred u/s 19(8) of the Act on
the basis of an exercise u/s 19 only. Aggrieved, the Chief
Information Commissioner filed the appeals.
Disposing of the appeals, the Court
E
HELD: 1.1 The powers u/s 18 of the Right to
Information Act, 2005 have been categorized under
clauses (a) to (f) of s.18(1) whereunder the Central
Information Commission or the State Information
Commission, as the case may be, may receive and inquire F
into the complaint of any person who has been refused
access to any information requested under the Act
[s.18(1)(b)], or has been given incomplete, misleading or
false information [s.18(1 )(e)], or has not been given a
response to a request for information or access to G
information within time limits specified under the Act
[s.18(1)(c)]. [Para 29] [521-B-D]
1.2 In the facts of the instant case, the appellant after
having applied for information u/s 6 and then not having
received any reply thereto, it must be deemed that he has H
508 SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R.
A been refused the information. The said situation is
covered by s.7 of the Act and the remedy to such a
person who has been refused the information is provided
by way of appeal uls 19 of the Act. A second appeal is
also provided under sub-s.(3) of s.19. [Para 32-33] [522-
B C-D-H]
1.3 The procedures contemplated uls 18 and s.19 of
the Act are substantially different. The nature of the
power uls 18 is supervisory in character whereas the
procedure uls 19 is an appellate procedure and a person
C who is aggrieved by refusal in receiving the information
which he has sought for can only seek redress in the
manner provided in the statute, namely, by following the
procedure uls 19. [Para 35] [524-E]
D Deep Chand v. State of Rajasthan AIR 1961 SC 1527;
State of UP. v. Singhara Singh AIR 1964 SC 358 - relied
on.
Taylor v. Taylor (1876) 1 Ch. D. 426; Nazir Ahmad v.
E Emperor AIR 1936 PC 253(1) - referred to.
1.4 This Court is, therefore, of the opinion that s.7
read with s.19 provides a complete statutory mechanism
to a person who is aggrieved by refusal to receive
information. Such person has to get the information by
F following the statutory provisions. Any other construction
would render the provision of s.19(8) of the Act totally
redundant. It is one of the well known canons of
interpretation that no statute should be interpreted in
such a manner as to render a part of it redundant or
G surplusage. It is well known when a procedure is laid
down statutorily and there is no challenge to the said
statutory procedure the court should not, in the name of
interpretation, lay down a procedure which is contrary to
the express statutory provision.Thus, a construction
H which leads to redundancy of a portion of the statute
CHIEF INFORMATION COMMR. AND ANR. v. STATE 509
OF MANIPUR
cannot be accepted in the absence of compelling A
reasons. [Para 35 & 41] (524-G-H-A; 526-F]
Aswini Kumar Ghose and another v. Arabinda Bose and
another AIR 1952 SC 369; Rao Shiv Bahadur Singh and
=
another v. State of U.P. 1953 SCR 1 AIR 1953 SC 394; B
and J.K. Cotton Spinning & Weaving Mills Co. Ltd. v. State
of Uttar Pradesh and others AIR 1961 SC 1170 - relied on.
1.5 Besides, the procedure u/s 19 of the Act, when
compared to s. 18, has several safeguards for protecting
the interest of the person who has been refused the C
information he has sought, and out of the two
procedures, the one u/s 19 is more beneficial to a person
who has been denied access to information. [Para 42]
[526-G; 527-A]
D
1.6 Further, the procedure u/s 19 is an appellate
procedure. A right of appeal is a creature of statute and
is a right of entering a superior forum for invoking its aid
and interposition to correct the errors of the inferior
forum. It is a very valuable right. Therefore, when the E
statute confers such a right of appeal that must be
exercised by a person who is aggrieved by reason of
refusal to be furnished with the information. This Court
does not find any error in the impugned judgment of the
Division Bench of the High court whereby it has been
held that the Commissioner while entertaining a
F
complaint u/s 18 of the Act has no jurisdiction to pass an
order providing for access to the information. [Para 43
and 31] (527-B-C; 522-B]
1.7 The appellant is directed to file appeals u/s 19 of G
the Act in respect of two requests by him for obtaining
information as sought in the applications dated 9.2.2007
and 19.5.2007 within a period of four weeks. If such an
appeal is filed following the statutory procedure by the
H
510 SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R.
A appellants, the same should be considered on merits by
the appellate authority without insisting on the period of
limitation. [Para 44] [527 -El
2.1 By virtue of the notification dated 15.10.2005
8 issued u/s 24 of the Act, the State Government has
notified the exemption of certain Government
organizations from the purview of the Act. This Court
makes it clear that those notifications cannot apply
retrospectively. The right of the respondents to get the
C information in question must be decided on the basis of
the law as it stood on the date when the request was
made. Such right cannot be defeated on the basis of a
notification if issued subsequently to time when the
controversy about the right to get information is pending
before the court. Section 24 of the Act does not have any
D retrospective operation. Therefore, no notification issued
in exercise of the power u/s 24 can be given retrospective
effect and especially so in view of the object and purpose
of the Act which has an inherent human right content.
Even otherwise, the exemption does not cover
E allegations of corruption and human right violations.
[Para 45] [527-G-H; 528-A]
2.2 Right to Information Act, 2005, as its preamble
shows, was enacted to promote transparency and
F accountability in the working of every public authority in
order to strengthen the core constitutional values of a
democratic republic. Transparency of information is vital
in curbing corruption and making the Government and
its instrumentalities accountable. The Act is meant to
G harmonise the conflicting interests of Government to
preserve the confidentiality of sensitive information with
the right of citizens to know the functioning of the
governmental process in such a way as to preserve the
paramountcy of the democratic ideal. The Act is based
H
CHIEF INFORMATION COMMR. AND ANR. v. STATE 511
OF MANIPUR
on the concept of an open society and was enacted to A
consolidate the fundamental right of free speech. [para
7,8 and 11) [514-8-D; 515-F]
The State of Uttar Pradesh v. Raj Narain & others 1975
( 3 ) SCR 333 = AIR 1975 SC 865; S.P.Gupta & Ors. v. B
President of India and Ors. 1982 SCR 365 = AIR 1982 SC
149 - relied on.
2.3 It is clear from the ratio in the Constitution Bench
decisions of this Court that the right to information, which
is basically founded on the right to know, is an intrinsic C
part of the fundamental right to free speech and
expression guaranteed under Article 19(1)(a) of the
Constitution, and definitely is a fundamental right.
However, while considering the width and sweep of this
right as well as its fundamental importance in a D
democratic republic, this Court is also conscious that
such a right is subject to reasonable restrictions under
Article 19(2) of the Constitution. [para 11 and 20] [515-E;
517-H; 518-A]
E
Secretary, Ministry of Information & Broadcasting, Govt.
of India and Ors. v. Cricket Association of Bengal and Ors.
1995 (1) SCR 1036 = (1995) 2 SCC 161; Reliance
Petrochemicals Ltd. v. Proprietors of Indian Express
Newspapers Bombay Pvt. Ltd. & others 1988 ( 3 ) Suppl.
SCR 212 =(1988) 4 SCC 592; People's Union for Civil F
Liberties and Anr. v. Union of India and Ors. 2004 (1)
SCR 232 = (2004) 2 SCC 476; Dinesh Trivedi, M.P. &
Others v. Union of India & others 1997 ( 3) SCR 93 = (1997)
4 sec 306 - relied on.
G
Case Law Reference:
1975 (3) SCR 333 relied on Para 9
1982 SCR 365 relied on Para 10
H
512 SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R.
A 1995 (1) SCR 1036 relied on Para 12
1988 (3) Suppl. SCR 212 relied on Para 13
2004 (1) SCR 232 relied on Para 15
1997 ( 3 ) SCR 93 relied on Para 21
B
(1876) 1 Ch. D. 426 referred to Para 35
1936 PC 253(1) referred to Para 35
AIR 1961 SC 1527 relied on Para 35
c Para 35
AIR 1964 SC 358 relied on
AIR 1952 SC 369 relied on Para 38
1953 SCR 1 relied on Para 39
D AIR 1961 SC 1170 relied on Para 40
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos.
10787-10788 of 2011.
From the Judgment &Order dated 29.07.2010 of the High
E
Court of Gauhati at Imphal in Writ Appeal No. 11 & 12 of 2008.
Colin Gonsalves, Divya Jyoti, Jyoti Mendiratta for the
Appellants.
F Jaideep Gupta, Khwairakpam Nobin Singh for the
Respondents.
The Judgment of the Court was delivered by
GANGULY, J. 1. Leave granted.
G
2. These appeals have been filed by the Chief Information
Commissioner, Manipur and one Mr. Wahangbam Joykumar
impugning the judgment dated 29th July 2010 passed by the
High Court in Writ Appeal Nos. 11 and 12 of 2008 in connection
with two Writ Petition No.733 of 2007 and Writ Petition No. 478
H
CHIEF INFORMATION COMMR. AND ANR. v. STATE 513
OF MANIPUR [ASOK KUMAR GANGULY, J.]
of 2007. The material facts giving rise to the controversy in this A
case can be summarized as follows:
3. Appellant No.2 filed an application dated 9th February,
2007 under Section 6 of the Right to Information Act ("Act") for
obtaining information from the State Information Officer relating B
to magisterial enquiries initiated by the Govt. of Manipur from
1980-2006. As the application under Section 6 received no
response, appellant No. 2 filed a complaint under Section 18
of the Act before the State Chief Information Commissioner,
who by an order dated 30th May, 2007 directed respondent No. C
2 to furnish the information within 15 days. The said direction
was challenged by the State by filing a Writ Petition.
4. The second complaint dated 19th May, 2007 was filed
by the appellant No. 2 on 19th May, 2007 for obtaining similar
information for the period between 1980 - March 2007. As no D
response was received this time also, appellant No. 2 again
filed a complaint under Section 18 and the same was disposed
of by an order dated 14th August, 2007 directing disclosure of
the information sought for within 15 days. That order was also
challenged by way of a Writ Petition by the respondents. E
5. Both the Writ Petitions were heard together and were
dismissed by a common order dated 16th November, 2007 by
learned Single Judge of the High Court by inter alia upholding
the order of the Commissioner. The Writ Appeal came to be
filed against both the judgments and were disposed of by the F
impugned order dated 29th July 2010. By the impugned order,
the High Court held that under Section 18 of the Act the
Commissioner has no power to direct the respondent to furnish
the information and further held that such a power has already
been conferred under Section 19(8) of the Act on the basis of G
an exercise under Section 19 only. The Division Bench further
came to hold that the direction to furnish information is without
jurisdiction and directed the Commissioner to dispose of the
complaints in accordance with law.
H
514 SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R.
A 6. Before dealing with controversy in this case, let us
consider the object and purpose of the Act and the evolving
mosaic of jurisprudential thinking which virtually led to its
enactment in 2005.
B 7. As its preamble shows the Act was enacted to promote
transparency and accountability in the working of every public
authority in order to strengthen the core constitutional values of
a democratic republic. It is clear that the Parliament enacted
the said Act keeping in mind the rights of an informed citizenry
C in which transparency of information is vital in curbing corruption
and making the Government and its instrumentalities
accountable. The Act is meant to harmonise the conflicting
interests of Government to preserve the confidentiality of
sensitive information with the right of citizens to know the
functioning of the governmental process in such a way as to
D preserve the paramountcy of the democratic ideal.
8. The preamble would obviously show that the Act is
based on the concept of an open society.
E 9. On the emerging concept of an 'open Government',
about more than three decades ago, the Constitution Bench of
this Court in The State of Uttar Pradesh v. Raj Narain & others
-AIR 1975 SC 865 speaking through Justice Mathew held:
" ... The people of this country have a right to know every
F public act, everything, that is done in a public way, by their
public functionaries. They are entitled to know the
particulars of every public transaction in all its bearing. The
right to know, which is derived from the concept of
freedom of speech, though not absolute, is a factor which
G should make one wary, when secrecy is claimed for
transactions which can, at any rate, have no repercussion
on public security. ... To cover with veil of secrecy, the
common routine business, is not in the interest of the
H
CHIEF INFORMATION COMMR. AND ANR. v. STATE 515
OF MANIPUR [ASOK KUMAR GANGULY, J.]
public. Such secrecy can seldom be legitimately desired." A
(para 74, page 884)
10. Another Constitution Bench in SP.Gupta & Ors. v.
President of India and Ors. (AIR 1982 SC 149) relying on the
ratio in Raj Narain (supra) held: B
" ... The concept of an open government is the direct
emanation from the right to know which seems to be
implicit in the right of free speech and expression
guaranteed under Article 19(1 )(a). Therefore, disclosure c
of information in regard to the functioning of Government
must be the rule and secrecy an exception justified only
where the strictest requirement of public interest so
demands. The approach of the court must be to attenuate
the area of secrecy as much as possible consistently with 0
the requirement of public interest, bearing in mind all the
time that disclosure also serves an important aspect of
public interest ... "
(para 66, page 234)
E
11. It is, therefore, clear from the ratio in the above
decisions of the Constitution Bench of this Court that the right
to information, which is basically founded on the right to know,
is an intrinsic part of the fundamental right to free speech and
expression guaranteed under Article 19(1 )(a) of the F
Constitution. The said Act was, thus, enacted to consolidate the
fundamental right of free speech.
12. In Secretary, Ministry of Information & Broadcasting,
Govt. of India and Ors. v. Cricket Association of Bengal and
Ors. - (1995) 2 SCC 161, this Court also held that right to G
acquire information and to disseminate it is an intrinsic
component of freedom of speech and expression. (See para
43 page 213 of the report).
13. Again in Reliance Petrochemicals Ltd. v. Proprietors H
516 SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R.
A of Indian Express Newspapers Bombay Pvt. Ltd. & others -
(1988) 4 SCC 592 this Court recognised that the Right to
Information is a fundamental right under Article 21 of the
Constitution.
14. This Court speaking through Justice Sabyasachi
8
Mukharji, as His Lordship then was, held:
" ... We must remember that the people at large have a right
to know in order to be able to take part in a participatory
development in the industrial life and democracy. Right to
C know is a basic right which citizens of a free country aspire
in the broader horizon of the right to live in this age in our
land under Article 21 of our Constitution. That right has
reached new dimensions and urgency. That right puts
greater responsibility upon those who take upon
D themselves the responsibility to inform."
(para 34, page 613 of the report)
15. In People's Union for Civil Liberties and Anr. v. Union
of India and Ors. - (2004) 2 SCC 476 this Court reiterated,
E relying on the aforesaid judgments, that right to information is
a facet of the right to freedom of "speech and expression" as
contained in Article 19(1)(a) of the Constitution of India and
also held that right to information is definitely a fundamental right.
In coming to this conclusion, this Court traced the origin of the
F said right from the Universal Declaration of Human Rights, 1948
and also Article 19 of the International Covenant on Civil and
Political Rights, which was ratified by India in 1978. This Court
also found a similar enunciation of principle in the Declaration
of European Convention for the Protection of Human Rights
G (1950) and found that the spirit of the Universal Declaration of
1948 is echoed in Article 19(1 )(a) of the Constitution. (See
paras 45, 46 & 47 at page 495 of the report)
16. The exercise of judicial discretion in favour of free
H speech is not only peculiar to our jurisprudence, the same is a
CHIEF INFORMATION COMMR. AND ANR. v. STATE 517
OF MANIPUR [ASOK KUMAR GANGULY, J.]
part of the jurisprudence in all the countries which are governed A
by rule of law with an independent judiciary. In this connection,
if we may quote what Lord Acton said in one of his speeches:
"Everything secret degenerates, even the administration of
justice; nothing is safe that does not show how it can bear 8
discussion and publicity"
17. It is, therefore, clear that a society which adopts
openness as a value of overarching significance not only
permits its citizens a wide range of freedom of expression, it
also goes further in actually opening up the deliberative C
process of the Government itself to the sunlight of public
scrutiny.
18. Justice Frankfurter also opined:
"The ultimate foundation of a free society is the binding tie D
of cohesive sentiment. Such a sentiment is fostered by all
those agencies of the mind and spirit which may serve to
gather up the traditions of a people, transmit them from
generation to generation, and thereby create that continuity
of a treasured common life which constitutes a civilization. E
"We live by symbols." The flag is the symbol of our national
unity, transcending all internal differences, however large,
within the framework of the Constitution."
19. Actually the concept of active liberty, which is structured F
on free speech, means sharing of a nation's sovereign authority
among its people. Sovereignty involves the legitimacy of a
governmental action. And a sharing of sovereign authority
suggests intimate correlation between the functioning of the
Government and common man's knowledge of such G
functioning.
(Active Liberty by Stephen Breyer - page 15)
-
20. However, while considering the width and sweep of this
right as well as its fundamental importance in a democratic H
518 SUPREME COURT REPORTS [2011] 13 (ADDL.) S.CR.
A republic, this Court is also conscious that such a right is subject
to reasonable restrictions under Article 19(2) of the Constitution.
21. Thus note of caution has been sounded by this Court
in Dinesh Trivedi, M.P. & Others v. Union of India & others -
B (1997) 4 SCC 306 where it has been held as follows:
" ... Sunlight is the best disinfectant. But it is equally
important to be alive to the dangers that lie ahead. It is
important to realize that undue popular pressure brought
to bear on decision makers in Government can have
c frightening side-effects. If every action taken by the political
or executive functionary is transformed into a public
controversy and made subject to an enquiry to soothe
popular sentiments, it will undoubtedly have a chilling effect
on the independence of the decision maker who may find
D it safer not to take any decision. It will paralyse the entire
system and bring it to a grinding halt. So we have two
conflicting situations almost enigmatic and we think the
answer is to maintain a fine balance which would serve
public interest."
E
(para 19, page 314)
22. The Act has six Chapters and two Schedules. Right
to Information has been defined under Section 2U) of the Act
to mean as follows:
F
"O) "right to information" means the right to information
accessible under this Act which is held by or under the
control of any public authority and includes the right to-
(i) inspection of work, documents, records;
G
(ii) taking notes, extracts, or certified copies of documents
or records;
(iii) taking certified samples of material;
H (iv) obtaining information in the form of diskettes, floppies,
CHIEF INFORMATION COMMR. AND ANR. v. STATE 519
OF MANIPUR [ASOK KUMAR GANGULY, J.]
tapes, video cassettes or in any other electronic mode or A
through printouts where such information is stored in a
computer or in any other device;"
23. Right to Information has also been statutorily
recognised under Section 3 of the Act as follows:
B
"3. Right to information.- Subject to the provisions of this
Act, all citizens shall have the right to information."
24. Section 6 in this connection is very crucial. Under
Section 6 a person, who desires to obtain any information c
under this Act, shall make a request in writing or through
electronic means in English or Hindi or in the official language
of the area in which the application is being made,
accompanying such fee as may be prescribed. Such request
may be made to the Central Public Information Officer or State 0
Public Information Officer, as the case may be, or to the Central
Assistant Public Information Officer or State Assistant Public
Information Officer. In making the said request the applicant is
not required to give any reason for obtaining the information
or any other personal details excepting those which are E
necessary for contacting him.
25. It is quite interesting to note that even though under
Section 3 of the Act right of all citizens, to receive information,
. is statutorily recognised but Section 6 gives the said right to
any person. Therefore, Section 6, in a sense, is wider in its F
ambit than Section 3.
26. After such a request for information is made, the
primary obligation of consideration of the request is of the
Public Information Officer as provided under Section 7. Such G
request has to be disposed of as expeditiously as possible. In
any case within 30 days from the date of receipt of the request
either the information shall be provided or the same may be
rejected for any of the reasons provided under Sections 8 and
9. The proviso to Section 7 makes it clear that when it concerns H
520 SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R.
A the life or liberty of a person, the information shall be provided
within forty-eight hours of the receipt of the request. Sub-section
(2) of Section 7 makes it clear that if the Central Public
Information Officer or the State Public Information Officer, as
the case may be, fails to give the information, specified in sub-
B section (1), within a period of 30 days it shall be deemed that
such request has been rejected. Sub-section (3) of Section 7
provides for payment of further fees representing the cost of
information to be paid by the person concerned. There are
various sub-sections in Section 7 with which we are not
concerned. However, Sub-section (8) of Section 7 is important
C in connection with the present case. Sub-section (8) of Section
7 provides:
"(8) Where a request has been rejected under sub-section
(1), the Central Public Information Officer or State Public
D Information Officer, as the case may be shall communicate
to the person making the request, -
(i) The reasons for such rejection;
(ii) the period within which an appeal against such
E rejection may be preferred; and
(iii) the particulars of the appellate authority.
27. Sections 8 and 9 enumerate the grounds of exemption
F from disclosure of information and also grounds for rejection
of request in respect of some items of information respectively.
Section 11 deals with third party information with which we are
not concerned in this case.
28. The question which falls for decision in this case is the
G jurisdiction, if any, of the Information Commissioner under
Section 18 in directing disclosure of information. In the
impugned judgment of the Division Bench, the High Court held
that the Chief Information Commissioner acted beyond his
jurisdiction by passing the impugned decision dated 30th May,
H 2007 and 14th August, 2007. The Division Bench also held that
CHIEF INFORMATION COMMR. AND ANR. v. STATE 521
OF MANIPUR [ASOK KUMAR GANGULY, J.]
under Section 18 of the Act the State Information A
Commissioner is not empowered to pass a direction to the
State Information Officer for furnishing the information sought
for by the complainant.
29. If we look at Section 18 of the Act it appears that the
8
powers under Section 18 have been categorized under clauses
(a) to (f) of Section 18(1 ). Under clauses (a) to (f) of Section
18(1) of the Act the Central Information Commission or the State
Information Commission, as the case may be, may receive and
inquire into complaint of any person who has been refused
access to any information requested under this Act [Section C
18(1 )(b)] or has been given incomplete, misleading or false
information under the Act [Section 18(1)(e)] or has not been
given a response to a request for information or access to
information within time limits specified under the Act [Section
18(1)(c). We are not concerned with provision of Section D
18(1)(a) or 18(1)(d) of the Act. Here we are concerned with the
residuary provision under Section 18(1)(f) of the Act. Under
Section 18(3) of the Act the Central Information Commission
or State Information Commission, as the case may be, while
inquiring into any matter in this Section has the same powers E
as are vested in a civil court while trying a suit in respect of
certain matters specified in Section 18(3)(a) to (f). Under
Section 18(4) which is a non-obstante clause, the Central
Information Commission or the State Information Commission,
as the case may be, may examine any record to which the Act F
applies and which is under the control of the public authority
and such records cannot be withheld from it on any ground.
30. It has been contended before us by the respondent that
under Section 18 of the Act the Central Information Commission G
or the State Information Commission has no power to provide
access to the information which has been requested for by any
person but which has been denied to him. The only order which
can be passed by the Central Information Commission or the
State Information Commission, as the case may be, under H
Section 18 is an order of penalty provided under Section 20.
522 SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R.
A However, before such order is passed the Commissioner must
be satisfied that the conduct of the Information Officer was not
bona fide.
31. We uphold the said contention and do not find any error
in the impugned judgment of the High court whereby it has been
8
held that the Commissioner while entertaining a complaint
under Section 18 of the said Act has no jurisdiction to pass an
order providing for access to the information.
32. In the facts of the case, the appellant after having
C applied for information under Section 6 and then not having
received any reply thereto, it must be deemed that he has been
refused the information. The said situation is covered by
Section 7 of the Act. The remedy for such a person who has
been refused the information is provided under Section 19 of
D the Act. A reading of Section 19(1) of the Act makes it clear.
Section 19(1) of the Act is set out below:-
"19. Appeal. - (1) Any person who, does not receive a
decision within the time specified in sub-section (1) or
clause (a) of sub-section (3) of section 7, or is aggrieved
E
by a decision of the Central Public Information Officer or
the State Public Information Officer, as the case may be,
may within thirty days from the expiry of such period or from
the receipt of such a decision prefer an appeal to such
officer who is senior in rank to the Central Public
F Information Officer or the State Public Information Officer
as the case may be, in each public authority:
Provided that such officer may admit the appeal after the
expiry of the period of thirty days if he or she is satisfied
G that the appellant was prevented by sufficient cause from
filing the appeal in time."
33. A second appeal is also provided under sub-section
(3) of Section 19. Section 19(3) is also set out below:-
H "(3) A second appeal .qa1nst the decision under sub-
CHIEF INFORMATION COMMR. AND ANR. v. STATE 523
OF MANIPUR [ASOK KUMAR GANGULY, J.]
section (1) shall lie within ninety days from the date on A
which the decision should have been made or was actually
received, with the Central Information Commission or the
State Information Commission:
Provided that the Central Information Commission or the B
State Information Commission, as the case may be, may
admit the appeal after the expiry of the period of ninety
days if it is satisfied that the appellant was prevented by
sufficient cause from filing the appeal in time."
34. Section 19(4) deals with procedure relating to C
information of a third party. Sections 19(5) and 19(6) are
procedural in nature. Under Section 19(8) the power of the
Information Commission has been specifically mentioned.
Those powers are as follows:-
D
"19(8). In its decision, the Central Information Commission
or State Information Commission, as the case may be, has
the power to,-
(a) require the public authority to take any such
steps as may be necessary to secure compliance E
with the provisions of this Act, including-
(i) by providing access to information, if so
requested, in a particular form;
F
(ii) by appointing a Central Public Information
Officer or State Public Information Officer, as
the case may be;
(iii) by publishing certain information or
categories of information; G
(iv) by making necessary changes to its
practices in relation to the maintenance,
management and destruction of records;
H
524 SUPREME COURT REPORTS (2011) 13 (ADDL.) S.C.R.
A (v) by enhancing the provision of training on
the right to information for its officials;
(vi) by providing it with an annual report in
compliance with clause (b) of sub-section (1)
of section 4;
B
(b) require the public authority to compensate the
complainant for any loss or other detriment suffered;
(c) impose any of the penalties provided under this
c Act;
(d) reject the application."
35. The procedure for hearing the appeals have been
framed in exercise of power under clauses (e) and (f) of sub-
D section (2) of Section 27 of the Act. They are called the Central
Information Commission (Appeal Procedure) Rules, 2005. The
procedure of deciding the appeals is laid down in Rule 5 of the
said Rules Therefore, the procedur,~ contemplated under
Section 18 and Section 19 of the said Act is substantially
E different. The nature of the power under Section 18 is
supervisory in character whereas the procedure under Section
19 is an appellate procedure and a person who is aggrieved
by refusal in receiving the information which he has sought for
can only seek redress in the manner provided in the statute,
F namely, by following the procedure under Section 19. This
Court is, therefore, of the opinion that Section 7 read with
Section 19 provides a complete statutory mechanism to a
person who is aggrieved by refusal to receive information. Such
person has to get the information by following the aforesaid
G statutory provisions. The contention of the appellant that
information can be accessed through Section 18 is contrary to
the express provision of Section 19 of the Act. It is well known
when a procedure is laid down statutorily and there is no
challenge to the said statutory procedure the Court should not,
H
CHIEF INFORMATION COMMR. AND ANR. v. STATE' 525
OF MANIPUR [ASOK KUMAR GANGULY, J.]
in the name of interpretation, lay down a procedure which is A
contrary to the express statutory provision. It is a time honoured
principle as early as from the decision in Taylor v. Taylor
[(1876) 1 Ch. D. 426] that where statute provides for something
to be done in a particular manner it can be done in that manner
alone and all other modes of performance are necessarily B
forbidden. This principle has been followed by the Judicial
Committee of the Privy Council in Nazir Ahmad v. Emperor
[AIR 1936 PC 253(1)] and also by this Court in Deep Chand
v. State of Rajasthan-[AIR 1961 SC 1527, (para 9)] and also
in State of U.P. v. Singhara Singh reported in AIR 1964 SC c
358 (para 8).
36. This Court accepts the argument of the appellant that
any other construction would render the provision of Section
19(8) of the Act totally redundant. It is one of the well known
canons of interpretation that no statute should be interpreted D
in such a manner as to render a part of it redundant or
surplusage.
37. We are of the view that Sections 18 and 19 of the Act
serve two different purposes and lay down two different E
procedures and they provide two different remedies. One
cannot be a substitute for the other.
38. It may be that sometime in statute words are used by
way of abundant caution. The same is not the position here. F
Here a completely different procedure has been enacted under
Section 19. If the interpretation advanced by the learned
counsel for the respondent is accepted in that case Section 19
will become unworkable and especially Section 19(8) will be
rendered a surplusage. Such an interpretation is totally
opposed to the fundamental canons of construction. Reference G
in this connection may be made to the decision of this Court in
Aswini Kumar Ghose and another v. Arabinda Bose and
another - AIR 1952 SC 369. At page 377 of the report Chief
Justice Patanjali Sastri had laid down:
H
526 SUPREME COURT REPORTS [2011) 13 (ADDL.) S.C.R.
A "It is not a sound principle of construction to brush aside
words in a statute as being inapposite surplusage, if they
can have appropriate application in circumstances
conceivably within the contemplation of the statute".
8 39. Same was the opinion of Justice Jagannadhadas in
Rao Shiv Bahadur Singh and another v. State of U.P. - AIR
1953 SC 394 at page 397:
"It is incumbent on the court to avoid a construction, if
reasonably permissible on the language, which would
C render a part of the statute devoid of any meaning or
application".
40. Justice Das Gupta in J.K Cotton Spinning & Weaving
Mills Co. Ltd. v. State of Uttar Pradesh and others-AIR 1961
0 SC 1170 at page 1174 virtually reiterated the same principles
in the following words:
"the courts always presume that the Legislature inserted
every part thereof for a purpoae and the legislative
intention is that every part of the statute should have effecr.
E
41. It is well-known that the legislature does not waste
words or say anything in vain or for no purpose. Thus a
construction which leads to redundancy of a portion of the
statute cannot be accepted in the absence of compelling
F reasons. In the instant case there is no compelling reason to
accept the construction put forward by the respondents.
42. Apart from that the procedure under Section 19 of the
Act, when compared to Section 18, has several safeguards for
protecting the interest of the person who has been refused the
G information he has sought. Section 19(5), in this connection,
may be referred to. Section 19(5) puts the onus to justify the
denial of request on the information officer. Therefore, it is for
the officer to justify the denial. There is no such safeguard in
Section 18. Apart from that the procedure under Section 19 is
H
CHIEF INFORMATION COMMR. AND ANR. v. STATE 527
OF MANIPUR [ASOK KUMAR GANGULY, J.]
a time bound one but no limit is prescribed under Section 18. A
So out of the two procedures, between Section 18 and Section
19, the one under Section 19 is more beneficial to a person
who has been denied access to information.
43. There is another aspect also. The procedure under B
Section 19 is an appellate procedure. A right of appeal is
always a creature of statute. A right of appeal is a right of
entering a superior forum for invoking its aid and interposition
to correct errors of the inferior forum. It is a very valuable right.
Therefore, when the statute confers such a right of appeal that C
must be exercised by a person who is aggrieved by reason of
refusal to be furnished with the information. In that view of the
matter this Court does not find any error in the impugned
judgment of the Division Bench. In the penultimate paragraph
the Division Bench has directed the Information Commissioner,
Manipur to dispose of the complaints of the respondent no.2 D
in accordance with law as expeditiously as possible.
44. This Court, therefore, directs the appellants to file
appeals under Section 19 of the Act in respect of two requests
by them for obtaining information vide applications dated E
9.2.2007 and 19.5.2007 within a period of four weeks from
today. If such an appeal is filed following the statutory procedure
by the appellants, the same should be considered on merits
by the appellate authority without insisting on the period of
limitation. F
45. However, one aspect is still required to be clarified.
This Court makes it clear that the notification dated 15.10.2005
which has been brought on record by the learned counsel for
the respondent vide I.A. No.1 of 2011 has been perused by the
Court. By virtue of the said notification issued under Section G
24 of the Act, the Government of Manipur has notified the
exemption of certain organizations of the State Government
from the purview of the said Act. This Court makes it clear that
those notifications cannot apply retrospectively. Apart from that
the same exemption does not cover allegations of corruption H
528. SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R.
A and human right violations. The right of the respondents to get
the information in question must be decided on the basis of the
law as it stood on the date when the request was made. Such
right cannot be defeated on the basis of a notification if issued
subsequently to time when the controversy about the right to get
s information is pending before the Court. Section 24 of the Act
does not have any retrospective operation. Therefore, no
notification issued in exercise of the power under Section 24
can be given retrospective effect and especially so in view of
the object and purpose of the Act which has an inherent human
c right content.
46. The appeals which the respondents have been given
liberty to file, if filed within the time specified, will be decided
in accordance with Section 19 of the Act and as early as
possible, preferably within three months of their filing. With
D these directions both the appeals are disposed of.
47. There will be no order as to costs.
R.P. Appeals disposed of.
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