CIC debunks Allahabad HC rules on RTI

Says that court ruling doesn't conform to the Act

PTI | August 23, 2010



The Central Information Commission has taken strong exception to Allahabad High Court's rejection of RTI applications which sought details of action on complaints against judges of sub-ordinate courts on the grounds that disclosure of such information was not a rule or practice.

The Right to Information Act allows a public authority to frame RTI rules for the processing of information sought by applications. These rules may include fee, process adopted for the facilitation of information, the officials who need to be contacted among others.

One such rule of the High Court says, "Notwithstanding anything contained anywhere in these Rules, the applicant will be furnished with the information, requested for, if and only if, the furnishing of such information is not otherwise against any law or practice."

The rule was cited by the High Court while rejecting the RTI applications of Onkar Sharma who sought to know the action taken on his complaint against Civil Judge Veena Chaudhry and Ajay S Jajodia who wanted details of action initiated on his complaint against Civil Judge of Varanasi Aniruddha Maurya.

"If...the High Court has established a practice of refusing such information which would justify recourse to Rule 20 (v), this practice is clearly in violation of the law and the CPIO is hereby directed to ensure necessary changes in this practice to bring the management of such records into compliance with the RTI Act 2005," Chief Information Commissioner Wajahat Habibullah said in Sharma's case.

In the case of Jajodia, Habibullah said, "If, on the other hand, it has been the practice in the High Court of Allahabad not to disclose such information this practice is ultra vires of the RTI Act 2005."

The CIC directed the High Court to bring its rules "in conformity with" the transparency law. The Commission also took exception to the fact that the High Court Registrar had asked Jajodia, the reason for seeking the information.

"the stand taken by the Registrar General, High Court of Allahabad is in direct contravention of Section 6(2) of the RTI Act which states without ambiguity 'An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him," Habibullah said.

He said any information could only be denied if any of the sub-clauses of section eight to the RTI Act were applicable on it. The section lists several categories where disclosure is exempted.

Comments

 

Other News

Voter turnout: Drop from 2019 reduces further

As the voting percentages dropped drastically in the first couple of phases of the ongoing general elections, observers and analysts spoke of ‘voter apathy’ blamed it on a lack of “wave” this time – apart from the heatwave, that is. The latest figures after the fourth phase, h

GAIL reports annual revenue of Rs.1,30,638 crore

GAIL (INDIA) Limited has reported 75% increase in Profit before Tax (PBT) of Rs.11,555 crore in FY24,  as against Rs 6,584 Cr in FY23. Profit after Tax (PAT) in FY24 stands at Rs. 8,836 Cr as against Rs.5,302 Cr in FY23, a 67 % increase. However, revenue from operations registered a fa

Women move forward, one step at a time

“Women’s rights are not a privilege but a fundamental aspect of human rights.” —Savitribai Phule In India, where almost two-thirds of the population resides in rural areas, women’s empowerment initiatives are extremely critical for intensifying l

Why you should vote

What are the direct tangible benefits that you want from the government coming in power? The manifestos of various parties set a host of agendas which many times falls back in materialising the intended gains. Governance failures, policy lapses, implementation gaps, leadership crisis and cultural blockages

How the role of Ayurveda evolved pre- and post-independence

Ayurveda, Nation and Society: United Provinces, c. 1890–1950 By Saurav Kumar Rai Orient BlackSwan, 292 pages, Rs 1,400  

General Elections: Phase 4 voting on in 96 seats

As many as 17.7 crore electors are eligible to vote in the fourth phase of general elections taking place on Monday in 10 states/UTs. 175 Legislative Assembly seats of Andhra Pradesh and 28 Legislative Assembly seats of Odisha are also going to polls in this phase. Polling time in select as

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter