SC To Examine Whether Court Documents Can Be Availed Through RTI

A special leave petition preferred by the Chief Information Commission, Gujarat Information Commission, is seen pending in the Supreme Court that poses a relevant question as to whether certified copy of court documents can be availed of through an RTI application. The matter is seen posted to 23rd of August.

The Chief Information Commission and Gujarat Information Commission had assailed a Gujarat High Court order wherein it held that the high court rules governing issuance of certified copy of the documents would prevail over the Right to Information Act provisions.

The high court, while setting aside the order of the Gujarat Information Commission wherein it directed the Public Information Officer - Additional Registrar (Judicial) Gujarat High Court, to give copy sought by the complainant under the provision/s of RTI within 30 days from the date of the order, observed as follows: “The High Court Rules as referred by the Division Bench are there which provided that the certified copy may be given on payment of the charges as demanded by the High Court, under the Rules. Not only that the applicant has to file an affidavit disclosing therein the purpose for which he requires the certified copies. This Court is of the opinion that in view of that there is no question of making an application under the RTI Act.”

The high court had categorically held that when a copy is demanded by any person the same has to be in accordance with the rules of the high court on the subject.