HC issues notice to Punjab Govt over failure to implement hybrid hearings in State Information Commission.

Indian Express: Chandigadh:Friday, August 01, 2025.

The petition in the Punjab and Haryana High Court said non-compliance with SC orders violated the RTI Act, and citizens’ right to access information and justice.

The Punjab and Haryana High Court Thursday issued notice to the Punjab Government on a Public Interest Litigation (PIL) alleging non-compliance with Supreme Court directives mandating hybrid hearings before the Punjab State Information Commission.

The PIL, filed by 24-year-old RTI activist and advocate Nikhil Thamman, challenged the Commission’s failure to provide virtual hearing options and related digital infrastructure as required under the apex court’s 2023 ruling in Kishan Chand Jain v Union of India.

Appearing in person, Thamman argued that the Commission’s continued reliance on physical hearings effectively deprived citizens, especially those from remote and rural areas, of access to quasi-judicial proceedings under the Right to Information Act, 2005.

The petitioner submitted that despite the Supreme Court’s clear directions requiring all State Information Commissions to offer hybrid hearing options and include virtual hearing links in daily cause lists by December 31, 2023, Punjab had failed to implement even the most basic requirements.

Citing a legal notice he had served on June 28, 2025, to the Punjab Government and the State Information Commission, Thamman stated that no corrective steps had been taken despite warnings of potential contempt proceedings. Thamman further pointed out that the commission had failed to establish an e-filing mechanism and electronic service of RTI documents — provisions that were central to both the Supreme Court’s directives and the RTI Act’s emphasis on accessibility and time-bound redressal.

Justice Sheel Nagu and Justice Sanjiv Berry, before whom the matter was listed, issued notice to the State and posted the case for further hearing on September 15.

The PIL, filed under Article 226 of the Constitution, raised two principal questions: whether the court should issue a writ of mandamus directing the Punjab State Information Commission to implement hybrid hearings across all proceedings, and whether virtual links should be mandatorily included in daily cause lists to ensure citizen participation through video conferencing.

Thamman submitted that video conferencing facilities installed in District Administrative Complexes across Punjab remained largely non-functional, thereby defeating the purpose of decentralised justice. He contended that the commission’s inaction amounted to a violation not only of the RTI Act but also of citizens’ fundamental rights under Articles 14, 19(1)(a), and 21 of the Constitution.

The PIL also drew attention to the real-life hardships imposed by the current system: many citizens from distant districts had to travel to Chandigarh merely to mark attendance or appear for brief hearings, often at considerable financial and logistical cost. In contrast, Thamman maintained that the widespread availability of smartphones and video conferencing applications made hybrid hearings both feasible and necessary.

Thamman, a resident of Banur in SAS Nagar district, sought comprehensive relief from the High Court, including the implementation of hybrid hearings, inclusion of virtual hearing links in all cause lists, establishment of operational e-filing and e-service mechanisms, and any other directions the court deemed appropriate to secure effective enforcement of the RTI Act in Punjab.Stories For You