The Sentinel: Gauhati: Sunday, 9th March 2025.
The Gauhati High Court on Friday directed the state government to complete the process of enrolling the Public Information Officers (PIOs) and the other departments
The Gauhati High Court on
Friday directed the state government to complete the process of enrolling the
Public Information Officers (PIOs) and the other departments, who have not
enrolled on the online portal system to date, and also to make a provision expeditiously
for uploading the supporting documents as directory instead of mandatory. The
state government was also asked to make every endeavour to implement the
mandate of Section 4 of the Right to Information Act, 2005.
The order was passed by the division bench of Chief Justice Vijay Bishnoi and Justice N. Unni Krishnan Nair while hearing a public interest litigation (PIL) petition (30/2024) filed by the petitioner raising a concern that the respondents have not complied with an earlier order passed by the Supreme Court in connection with the RTI Act, 2005.
The petitioner further sought a direction from the Gauhati High Court to form an e-Committee to introduce an online portal system in the subordinate judiciary in Assam. It was further prayed that the respondents be directed to introduce an online portal system in the state and also be directed to implement the mandate and obligation of Section 4 of the Right to Information Act, 2005.
Section 4 of the Right to Information Act, 2005, states that every public authority shall maintain all its records duly catalogued and indexed in a manner and form that facilitates the right to information under this Act and ensure that all records that are appropriate to be computerized are, within a reasonable time and subject to availability of resources, computerized and connected through a network all over the country on different systems so that access to such records is facilitated.
The bench observed that the state government has filed its responses to the writ petition from time to time. However, on the last occasion, the petitioner-in-person submitted that though some progress is being made on the issues raised in this PIL, certain issues are liable to be addressed. This court then allowed the petitioner-in-person to highlight those issues.
On Friday, the petitioner-in-person submitted that so far as the three issues raised in the PIL are concerned, the issue related to the payment gateway has already been resolved. It was further submitted that certain Public Information Officers and departments have not enrolled for the online portal to date.
In reply, the state government informed that around 85% of the Public Information Officers and departments have already enrolled, and the rest are under the process of enrolment. The counsel for the state assured the court that the remaining Public Information Officers and departments would soon be enrolled on the online portal, and any other issues raised in this PIL petition, which are yet to be redressed, would be taken care of.
The petitioner-in-person has further submitted that so far as the necessity of uploading the supporting documents is concerned, the respondents have assured that the condition of uploading supporting documents would be made directory and not mandatory.
The court, therefore, ruled that, in view of the fact that the issues highlighted by the petitioner-in-person have more or less been resolved by the respondents, no further direction is required to be passed in this PIL petition.
However, the court directed the state to complete the process of enrolling the Public Information Officers and the other departments, who have not enrolled to date, and also to make a provision expeditiously for uploading the supporting documents, as directory instead of mandatory. The state was also asked to make every endeavour to implement the mandate of Section 4 of the Right to Information Act, 2005.
With these observations, the PIL petition was disposed of.
The Gauhati High Court on Friday directed the state government to complete the process of enrolling the Public Information Officers (PIOs) and the other departments
The order was passed by the division bench of Chief Justice Vijay Bishnoi and Justice N. Unni Krishnan Nair while hearing a public interest litigation (PIL) petition (30/2024) filed by the petitioner raising a concern that the respondents have not complied with an earlier order passed by the Supreme Court in connection with the RTI Act, 2005.
The petitioner further sought a direction from the Gauhati High Court to form an e-Committee to introduce an online portal system in the subordinate judiciary in Assam. It was further prayed that the respondents be directed to introduce an online portal system in the state and also be directed to implement the mandate and obligation of Section 4 of the Right to Information Act, 2005.
Section 4 of the Right to Information Act, 2005, states that every public authority shall maintain all its records duly catalogued and indexed in a manner and form that facilitates the right to information under this Act and ensure that all records that are appropriate to be computerized are, within a reasonable time and subject to availability of resources, computerized and connected through a network all over the country on different systems so that access to such records is facilitated.
The bench observed that the state government has filed its responses to the writ petition from time to time. However, on the last occasion, the petitioner-in-person submitted that though some progress is being made on the issues raised in this PIL, certain issues are liable to be addressed. This court then allowed the petitioner-in-person to highlight those issues.
On Friday, the petitioner-in-person submitted that so far as the three issues raised in the PIL are concerned, the issue related to the payment gateway has already been resolved. It was further submitted that certain Public Information Officers and departments have not enrolled for the online portal to date.
In reply, the state government informed that around 85% of the Public Information Officers and departments have already enrolled, and the rest are under the process of enrolment. The counsel for the state assured the court that the remaining Public Information Officers and departments would soon be enrolled on the online portal, and any other issues raised in this PIL petition, which are yet to be redressed, would be taken care of.
The petitioner-in-person has further submitted that so far as the necessity of uploading the supporting documents is concerned, the respondents have assured that the condition of uploading supporting documents would be made directory and not mandatory.
The court, therefore, ruled that, in view of the fact that the issues highlighted by the petitioner-in-person have more or less been resolved by the respondents, no further direction is required to be passed in this PIL petition.
However, the court directed the state to complete the process of enrolling the Public Information Officers and the other departments, who have not enrolled to date, and also to make a provision expeditiously for uploading the supporting documents, as directory instead of mandatory. The state was also asked to make every endeavour to implement the mandate of Section 4 of the Right to Information Act, 2005.
With these observations, the PIL petition was disposed of.
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