Supreme Court Seeks Response From States/UTs On Compliance Of Directions To Set Up Online RTI Portals

The Supreme Court on Monday (September 23) sought response from all the States and Union Territories in a contempt petition alleging non-compliance with the directions in Pravasi Legal Cell v Union of India & Ors. for having online RTI Portals across the states in the country.

The bench of CJI DY Chandrachud and Justice JB Pardiwala issued notice in the contempt petition filed by Anuj Nakade who alleged that 7 states and 4 Union Territories were yet to set up online RTI Portals while many of the other States either had Portals with incomplete boarding of Authorities or didn't follow the Ministry of Information and Broadcasting's “Guidelines for Indian Government Websites 3.0” (pertaining to accessibility of the portals to the visually impaired). The petitioner was represented by Advocate N Sai Vinod.

"Issue notice to the states and UTs, liberty to serve the standing counsels, personal presence is dispensed with at this stage."

Notably, the Top Court in Pravasi Legal Cell in March 2023 directed all High Courts to set up of online RTI Portals within three months, if they have not done so already. The direction was passed by a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala in the plea seeking mechanism to set up an online portal for e-filing Right to Information (RTI) applications and first appeals in High Courts.

The bench noted that while the Supreme Court had launched its online portal for filing RTI applications in relation to the Court, several High Courts had still not established online RTI portal.

While dictating the order, CJI DY Chandrachud remarked–

"Section 6(1) of RTI, 2005 states that a person who desires to get information under the act shall do so via an application physically or through electronic means. This provision indicates that RTI applicant has a statutory right to move application by electronic means. Though the RTI Act came in 2005, online web portals are still to be operationalised by some of the High Courts after 17 years. HCs of MP, Delhi, and Orissa have set up web portals. Such portals shall be set up in all High Courts within 3 months. We request the Registrar Generals to take administrative directions from the Chief Justices of High Courts. NIC shall provide all logistical and technical assistance. Petition is disposed of."

Case Details : ANUJ NAKADE Versus DR. POONAM MALAKONDAIAH GOVT. OF ANDHRA PRADESH AND ORS. Diary No. 36812-2024

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