Telangana High Court Asks Its Registrar General To Respond To Plea Challenging Denial Of 'Exemption From Payment' To RTI Applicants Of BPL Category

The Telangana High Court has asked its administrative side to file a counter in a plea challenging the validity of the Rule 3 and 4 of the Telangana High Court Right to Information Rules, 2005 for denial of exemption from payment to RTI applicants belonging to BPL category. The same is violative of Article 14, 19 (1) (a) and 21 of the Constitution and section 7(5) of the RTI Act, 2005, argues the plea.

The petitioner, Busa Nikhil, a 5th year law student, has alleged that a person living below poverty line is being made to pay the full fee, as against section 7(5) of the Central RTI Act, and RTI rules, 2012 which state that RTI fee is waived off for anybody living below the poverty line.

The petitioner contended before the division bench of Chief Justice Alok Aradhe and Justice T. Vinod Kumar that for anybody to have the right to speech, they must first have information. Nikhil submitted that he has been actively filing RTIs to receive information on how various government departments function, and to also write about the socio-legal issues of the society.

"Rules 3 and 4 of the Telangana High Court Right to Information Rules, 2005 insofar as it does not exempt RTI applicants belonging to Below Poverty Line family is ultra vires to the proviso to section 7(5) of the RTI Act, 2005 and the Rule 5 of the Right to Information Rules, 2012. I further submit that the proviso to section 7(5) of the RTI Act, 2005, which is a Central Act, categorically states that no fee shall be charged from the persons who are of below poverty line as may be determined by the appropriate Government. I further submit that Rule 5 of the Right to Information Rules, 2012 enacted by the Central Government is also in line with the proviso to section 7(5) of the RTI Act, 2005 and it also envisages that no fee shall be charged from any person who is below poverty line," the plea argues.

Title: Busa Nikhil V. High Court for State of Telangana & Ors.

Petitioner Advocate : Baglekar Akash Kumar