Indian
Express: New Delhi: Tuesday, 17 February 2015.
Supreme Court
Monday sought a response from the Registrar of the Gujarat High Court on a plea
of the state information panel, saying the High Court Rules cannot be allowed
to override the provisions of the Right to Information (RTI) Act.
The State
Information Commission had moved the apex court against a Gujarat High Court
decision that an information sought can be given to a person in accordance with
the High Court rules and not under the RTI Act.
A bench of
Justices J Chelameswar and Rohinton F Nariman issued notice to the Gujarat High
Court and an ex-medical officer on the state Information Commission’s plea.
The apex
court was hearing a plea by Gujarat Information Commission, filed through
advocate Kabir Hathi, against a Gujarat High Court direction that the required
information would have to be sought under the Gujarat High Court Rules, 1993
and not the Right to Information Act.
According to
the plea, former medical officer Mahendra A Bhatt had filed an RTI application
in 2010 seeking certain information along with documents and certified copy.
Later,
Gujarat High Court’s Public Information Officer informed Bhatt to apply personally
or through his advocate on payment of court fees of Rs 3 to the “Deputy
Registrar”, Decree Department, Gujarat High Court.
“On making
such an application, the information would be supplied to him as per Rules 149
to 154 of the Gujarat High Court Rules, 1993.
“It was also
informed that in case Bhatt is not a party to the proceedings then the
application shall be accompanied by an Affidavit stating the grounds for which
the certified copy is required and if he is a party, such affidavit will not be
required,” the plea said.
Bhatt then
filed an appeal against the PIO’s reply before the Appellate Authority which
was dismissed stating that no certified copy can be provided under RTI Act as
it can be obtained under the High Court Rules.
On this,
Bhatt approached the Gujarat Information Commission which directed the High
Court to give information sought within 20 days under the RTI Act.
The High
Court Registry then challenged the order in its judicial side, with the court
directing it to supply information sought to Bhatt within four weeks that too
under the RTI Act.
Aggrieved by
the interim order, an intra-court appeal was filed by the High Court Registry.
The division
bench of the High Court held that the HC Rules will prevail over the RTI Act
and there is no question of making an application under the transparency law.
Gujarat
Information Commission, in its plea before the apex court, has contended that the
High Court has failed to appreciate the provisions and object of the RTI Act.
“The High
Court ought to have appreciated that the Right to Information Act, 2005 is a
special enactment which would have an overriding effect over other statues and
rules (Section 22),” the plea said.
.JPG)
.JPG)
