Medical bills of judges outside RTI ambit: SC

Medical expenses of judges and their families cannot be made public under the Right to Information (RTI) Act, the Supreme Court ruled on Thursday, maintaining that there should be “some respect for privacy”. 

“There should be some respect for privacy and if such <g data-gr-id="28">informations</g> are being disclosed, there will be no stopping,” said a Bench headed by Chief Justice HL Dattu. 

“Today, he is asking <g data-gr-id="37">informations</g> for medical expenses. Tomorrow, he will ask what are the medicines purchased by judges. When there will be a list of medicines, he can make out what type of ailment a judge is suffering from. It starts like this. Where does this stop,” a Bench said. 

The Bench refused to interfere with the Delhi High Court’s verdict dismissing a plea, seeking details of medical reimbursements of Supreme Court judges, saying it had personal information and providing it would amount to invasion of their privacy.

The Apex Court was hearing an appeal filed by RTI activist Subhash Chandra Agarwal against the April 17 judgement of a division Bench of the High Court, which had upheld the decision of its single judge that information about reimbursement of medical bills of judges and their families cannot be disclosed under the transparency law.

The single judge had set aside the Central Information Commission’s (CIC) direction, holding that judges have to disclose such information. The Apex Court did not agree with advocate-activist Prashant Bhushan that since citizens are entitled to know how public money is spent by other public servants, they also have a right to know how these funds are being utilised for medical treatment of judges.

The Bench was not in agreement with Bhushan, who said when it comes to demand for providing information about politicians, bureaucrats and other public servants, the SC passes “good judgements” but there is an impression that the same yardstick and principle is not applied when information relating to judges is sought under RTI. 

“The court sits in judgement on its own cause. The apparent conflict of interest arises,” he submitted, adding reimbursement of medical bills of judges was made from the Consolidated Fund of India.