The Indian Express: Ahmedabad: Friday, 04 August 2023.
The Gujarat High Court on Thursday disposed of a PIL petition seeking “fair, transparent, proper and efficient functioning of the Gujarat Information Commission”. It directed the petitioners to make a representation before the state chief information commissioner with their grievances.
A bench of Chief Justice Sunita Agarwal and Justice J C Doshi further directed the state chief information commissioner to take “appropriate actions/measures…to address the grievances” and said that a “reasoned and speaking order in accordance with law” should be passed in the shortest possible time in relation to the grievances.
The petition was moved by the RTI Ekta Manch and five RTI activists who pursue appeals, complaints as well as other applications in the state commission. The petitioners submitted that they had approached the court since the Central Information Commission has no supervisory control over the state commissions under the Right to Information Act.
The petitioners raised grievances regarding the working of the commission. None of the five information commissioners, including the chief, sits in open court to conduct hearings but insists on sitting in individual chambers, the petitioners submitted.
They further stated that to conduct hearings, the commissioners were sitting only for limited hours from 12.30 pm to 2.30 pm and not from 11 am to 5 pm, the prescribed hours.
It was further submitted that though the commission had become paperless and all proceedings were being conducted online, lawyers, complainants, and others participating in hearings were not allowed to use laptops and other gadgets to participate and they were forced to bring papers.
Taking note of the grievances, the bench held that the state chief information commissioner exercises powers of general superintendence, direction and management of the affairs of the State Information Commission, as prescribed in Section 15 (4) of the RTI Act.
“The grievances of petitioners thus essentially fall within the jurisdiction of the state chief information commissioner. We therefore relegate petitioners to approach the state chief information commissioner by writing a proper representation raising all their grievances…” the court said.
“On such representation being filed within a period of two weeks from today, appropriate actions/measures be taken by the state chief information commissioner to address the grievances of the petitioners herein and a reasoned and speaking order in accordance with law shall be passed in the shortest possible time. Two representatives or the petitioners will be entitled to participate in the proceedings to be conducted by the state chief information commissioner,” it added.
The Gujarat High Court on Thursday disposed of a PIL petition seeking “fair, transparent, proper and efficient functioning of the Gujarat Information Commission”. It directed the petitioners to make a representation before the state chief information commissioner with their grievances.
A bench of Chief Justice Sunita Agarwal and Justice J C Doshi further directed the state chief information commissioner to take “appropriate actions/measures…to address the grievances” and said that a “reasoned and speaking order in accordance with law” should be passed in the shortest possible time in relation to the grievances.
The petition was moved by the RTI Ekta Manch and five RTI activists who pursue appeals, complaints as well as other applications in the state commission. The petitioners submitted that they had approached the court since the Central Information Commission has no supervisory control over the state commissions under the Right to Information Act.
The petitioners raised grievances regarding the working of the commission. None of the five information commissioners, including the chief, sits in open court to conduct hearings but insists on sitting in individual chambers, the petitioners submitted.
They further stated that to conduct hearings, the commissioners were sitting only for limited hours from 12.30 pm to 2.30 pm and not from 11 am to 5 pm, the prescribed hours.
It was further submitted that though the commission had become paperless and all proceedings were being conducted online, lawyers, complainants, and others participating in hearings were not allowed to use laptops and other gadgets to participate and they were forced to bring papers.
Taking note of the grievances, the bench held that the state chief information commissioner exercises powers of general superintendence, direction and management of the affairs of the State Information Commission, as prescribed in Section 15 (4) of the RTI Act.
“The grievances of petitioners thus essentially fall within the jurisdiction of the state chief information commissioner. We therefore relegate petitioners to approach the state chief information commissioner by writing a proper representation raising all their grievances…” the court said.
“On such representation being filed within a period of two weeks from today, appropriate actions/measures be taken by the state chief information commissioner to address the grievances of the petitioners herein and a reasoned and speaking order in accordance with law shall be passed in the shortest possible time. Two representatives or the petitioners will be entitled to participate in the proceedings to be conducted by the state chief information commissioner,” it added.
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