Friday, August 04, 2023

HC sends RTI activists back to CIC for open court hearings

The Times of India: Ahmedabad: Friday, 04 August 2023.
The Gujarat high court on Thursday directed Right to Information Act (RTI) activists to raise their grievances about the functioning of the Gujarat State Information Commission with the chief information commissioner (CIC), who has been directed to pass a reasoned order on their representations.
An association of RTI activists RTI Ekta Manch had filed a PIL in the HC complaining that none of the information commissioners, including the CIC, conducts hearings on RTI appeals and complaints in open court, even though courtrooms have been provided at the information commission’s office.
Despite the Supreme Court lifting Covid-19 restrictions on judicial and quasi-judicial proceedings in March 2022, the information commissioners conduct hearings in their chambers only.
The HC was also told that though there is the concept of an open courtroom, nobody other than the litigant and his lawyer is allowed into a commissioner’s chamber during hearings.
Their repeated requests for hearings in open court have not been responded to by the CIC.
The activists’ advocate, Anand Yagnik, also complained that the information commissioners do not conduct hearings for the prescribed time, and their sessions are for very short hours. It was also submitted that the information commission claims to have become paperless and issues notices only through e-mail, but litigants and lawyers are required to be present with papers and the commission does not allow litigants and lawyers the assistance of electronic devices.
After hearing the grievances, the bench of Chief Justice Sunita Agarwal and Justice J C Doshi said since there is no supervisory body over the state information commission, the activists should raise their grievances with the state’s chief information commissioner only.
As the activists complained about the unresponsive attitude of the office, the HC directed the commission to pass a reasoned speaking order on the grievances of the RTI activists.
The court also permitted representatives of the activists to be present for the hearing of their grievances.