Disclosure Would Endanger Life Of Judges: Bombay High Court Denies RTI Information On Structural Audit Report Of Its Building

The Bombay High Court has refused to provide a report of its structural audit sought under the Right to Information Act citing danger to its judges.

“…the disclosure of the same would endanger the life or physical safety of Hon'ble Judges and Officials of the Hon'ble Bombay High Court,” the reply stated.

Environmentalist Zoru Bhathena said he had sought a copy of the Structural Audit Report of the Victorian Gothic structure built in 1878 to understand how old heritage structures are audited.

The reply stated that the information sought was exempted from disclosure under Section 8(1)(a) of the Right to Information Act 2005, for security purposes.

Section 8(1)(a) refers to denial of information on the ground that the information would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence.

Information was further denied under 8(1)(g) relating to “endanger the life or physical safety of any person or identified the source of information or assistance given in confidence for law enforcement or security purposes.”

The safety of judges is cited under this section.

Lastly, the reply states there is no public interest involved in this information.

“The information sought by you has no relationship with the larger public activity or interest. Also, the preservation of the confidentiality of the such sensitive information is necessary,” the RTI response states.

Bhathena termed the reply as “shocking” and said he would definitely appeal against this response by the Public Information Officer.

“It is a building where thousands of members of the public visit every day. A very Public Building,” he said.