State Information Commissions Must Provide Hybrid Hearings, E-Filing; Use Of Technology No Longer An Option: Supreme Court

In a step towards utilising technology to ensure access to justice, the Supreme Court today directed all State Information Commissions (SICs) to provide for hybrid mode of hearing for complaints and appeals. The bench also directed the SICs to ensure that e-filing is streamlined for all litigants.

The directions were passed by a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra in a Public Interest Litigation (PIL) filed by Kishan Chand Jain seeking for various reliefs to increase accessibility of SICs through technology.

While passing the directions, the Supreme Court remarked that the Central Information Commission (CIC) conducted its proceedings in a hybrid manner and the same ensured ease of access to citizens which made it easier for them to pursue the complaints. The court noted that the same was not true for SICs as there appeared to be a variation in practice followed across different states. CJI DY Chandrachud remarked–

"The use of technology is no longer an option. Properly deployed for the purpose of hybrid or virtual hearing, technology has the potential to ensure access to justice by obviating the need for citizens to travel long distances to secure right to be heard...Access to justice is a part of the fundamental right under Article 21 and a necessary concomitant to freedom of speech."

Recently, the Apex Court had directed all High Courts to ensure that no member of the bar is denied access to video conferencing facilities or hearing through hybrid facility.

Directions Passed By The Supreme Court 

1. All SICs across the country must provide hybrid modes of hearing to all litigants for hearing complaints and appeals.

2. SICs to give options for hybrid hearings and publish the link to video links on the cause list.

3. All SICs to ensure that e-filing is streamlined for all litigants.

4. Steps should also be taken to ensure that service to litigants is effected online.

4. All State and Central ministries shall take steps within a period of one month to compile the email addresses of the Central and State PIOs which shall be furnished to all the SICs and the CIC.

5. The Department of Personnel and Training (DoPT) shall convene a meeting within a month of all State and Central Information Commissioners to prepare a timeline to adhere to these directive. State governments shall provide funds wherever required. 

Reliefs Sought In The PIL

The PIL had sought for the following reliefs–

1. SICs should hear complaints as well as second appeals by giving the option of both physical and virtual hearings through digital platforms;

2. SICs must update and have self contained digital portals for filing RTIs and RTI appeals and the SICs must dispose off second appeals in four month;

3. SICs must have digital portals displaying case status for matters, judgements, uploading cause lists, uploading annual reports etc;

4. SICs must have digital portals displaying pendency of cases and list of decided matters and norms shall be set out for disposal of stipulated number of cases by the information commissioners.

5. The SICs must upload e-cause lists and e-annual reports;

6. SICs should ensure recovery of penalties from officers.

Case Title: Kishan Chand Jain v. Union Of India And Ors. W.P.(C) No. 360/2021 PIL-W

Citation : 2023 LiveLaw (SC) 889

Click here to read the judgment