DJA withholds judges' leave records over security concerns
The judiciary has previously declined to release other administrative information.
The Department of Judicial Administration (DJA) has declined a request to disclose judges' leave and attendance records under the Right to Information (RTI) Act, citing concerns relating to the safety and security of judges.
The request was submitted by RTI activist Ahmed Afrah Ismail, who sought attendance records covering the past five years.
In its response, the DJA said it could not release the information. The department stated that judges' attendance records are not the direct property of the DJA and argued that disclosing them could compromise the safety and security of members of the judiciary.
The department cited Sections 26 and 27(a)(4) of the RTI Act in support of its decision.
Under Section 26, a public authority may withhold information if its disclosure poses a threat to a person's health, life or personal safety. Section 27(a)(4) exempts information that could endanger an individual's life or personal safety.
Afrah had also submitted a similar request to the Civil Court. The court rejected the application, stating that the records contained information relating to third-party interests.
The judiciary has previously declined to release other administrative information. The DJA and the Judicial Service Commission have also refused requests seeking details such as the scores awarded to candidates during judicial appointment processes.
In contrast, the Supreme Court previously released information in response to an RTI request on the number of days its full bench was physically present at work during the previous year, including data on leave and other absences.