Bombay High Court refuses RTI request for structural audit reports of its building; cites safety of judges

The Bombay High Court recently refused to provide information sought through an application under the Right to Information Act (RTI Act) regarding the structural audits conducted on the High Court building in Mumbai. .The Public Information Officer (PIO) of the High Court reasoned that the disclosure of this information was not in the larger public interest and could endanger the life or physical safety of judges and officials of the Court."The information sought is also exempted from disclosure as the disclosure of the same would endanger the life or physical safety of judges and officials of the High Court," the 2-page reply stated..The RTI application was made by a city-based activist Zoru Bhathena on October 10, 2023. He sought a copy of the last three structural audits conducted on the main and annex buildings of the Bombay High Court bench in Mumbai..In a reply dated November 1, 2023, the PIO of the High Court, PA Patki, refused to provide these details stating that the same was exempted from disclosure under Section 8(1)(a) of the RTI Act for security purposes. .The reply also highlighted that no larger public interest seemed to be demonstrated in Bhathena's application."The information sought by you has no relationship with the larger public activity or interest. Also, the preservation of confidentiality of such sensitive information is necessary. There in view of the object of the RTI Act, the information sought cannot be provided to you," the PIO said..Bhathena claimed that he had needed this information for the purpose of a writ petition sought to be filed by him.Bhathena's proposed petition raised concern about a 140-year-old structure called the Malabar Hill Reservoir. The Brihanmumbai Municipal Corporation (BMC) had claimed that since it was such an old structure, it required reconstruction. In order to challenge this claim, Bhathena had applied for structural audits of the High Court building, since it was older than the Malabar Hill Reservoir."We wanted to show how the High Court building is also old, but still doesn't need reconstruction. Only repairs will suffice," Bhathena told Bar and Bench.In view of this, Bhathena filed an RTI application for information on two old buildings, the High Court and the BMC's building. While BMC responded by stating that its building was in habitable condition and only required repairs, the High Court has refused to furnish the required details. .[Read application and reply]