HC For RTI Hearings In Open Courts Only.

Ahmedabad Mirror: Nikunj Soni: Friday, August 18, 2023.

A bench of the Gujarat High Court, led by Chief Justice Sunita Agrawal and Justice J C Joshi, has directed the State’s Chief Information Commissioner (CIC) to consider petitioners’ pleas for conducting appeal hearings under the RTI Act in open court, rather than in private chambers.

This move comes in response to concerns voiced by RTI activists. The court has urged the CIC to make a swift decision and provide a detailed order addressing these concerns.

The court's intervention followed a Public Interest Litigation (PIL) by RTI Ekta Manch and other stakeholders. They highlighted that the Gujarat Information Commission (GIC), comprising one Chief Information Commissioner and four Information Commissioners, currently holds hearings related to the RTI Act in their chambers, not in the designated open court.

The petitioners also pointed out that the commissioners aren't consistently available during standard court hours. While the Gujarat Information Commission has transitioned to online proceedings, participants, including lawyers and complainants, aren't allowed to use digital devices like laptops or iPads. Instead, they're required to bring physical documents.

Post the PIL hearing, the High Court advised the petitioners to formally present their grievances to the State Chief Information Commissioner.

The HC said that on such representation being filed within a period of two weeks, appropriate measures/actions/decisions be taken by the State Chief Information Commissioner to address the grievances of the petitioners by passing a reasoned and speaking order in accordance with law, within the shortest possible time.

Live streaming of RTI hearings on the horizon

The Gujarat High Court, along with the Principal District Judge's court across districts, may soon offer live streaming of proceedings overseen by the state information commissioners. This insight emerged during a PIL presented to the High Court, which called for live broadcasts of RTI appeal hearings before the State Chief on a suitable electronic platform, aiming for greater transparency. The court was informed that steps towards this have begun, and the petitioner has been updated on the progress.