Court Rules & RTI : SC Verdict Subverts Right To Information
4 years, 9 months ago

Court Rules & RTI : SC Verdict Subverts Right To Information

Live Law  

The Supreme Court has recently delivered a judgment in the case Chief Information Commissioner vs High Court Of Gujarat on March 4, 2020. This clearly means that the RTI Act will prevail over all laws and rules, including the Official Secrets Act as far as providing information in RTI is concerned. The Supreme Court judgment does not clearly identify how it has concluded that the Supreme Court and High Court rules are not inconsistent with the RTI Act. Instead the Court has concluded that if any law or rule provides for providing information, it would be held to be consistent with the RTI Act. RTI clearly states that no reasons can be sought for seeking information, while the court rules require filing an affidavit giving reasons for those who are not a party.

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History of this topic

For enforcing RTI, High Courts come under the jurisdiction of Central and not State Information Commission
1 day, 2 hours ago

For enforcing RTI, High Courts come under the jurisdiction of Central and not State Information Commission

The Hindu  

In a significant order, the Central Information Commission has ruled that all the High Courts, as public authorities under the Right to Information Act, 2005, will fall within the jurisdiction of the Central Information Commission and not the State Information Commission. Jurisdiction issue The CPIO went on to say that the Central Information Commission lacked jurisdiction in the matter and …

RTI Act Not Applicable To CBI, Punjab & Haryana HC Rejects Former Income Tax Officer's Plea Seeking Info On Agency's 'Trap' Against Him
1 month ago

RTI Act Not Applicable To CBI, Punjab & Haryana HC Rejects Former Income Tax Officer's Plea Seeking Info On Agency's 'Trap' Against Him

Live Law  

The Punjab and Haryana High Court has rejected an Income Tax Officer's plea seeking information under the Right to information Act relating to Trap Proceeding conducted against him by the Central Bureau of Investigation.The Income Tax Officer was convicted in a corruption case and his appeal against the conviction is pending before the High Court. The Punjab and Haryana High …

RTI Act | Should Documents Available In First Appeal Records Be Necessarily Filed At The Time Of Second Appeal? Supreme Court To Consider
5 months, 4 weeks ago

RTI Act | Should Documents Available In First Appeal Records Be Necessarily Filed At The Time Of Second Appeal? Supreme Court To Consider

Live Law  

The Supreme Court today issued notice on a public interest litigation raising the issue as to whether documents available in records of the first appeal under Right to Information Act ought to be called again at the time of second appeal.The order was passed by a bench of CJI DY Chandrachud and Justices JB Pardiwala, Manoj Misra, after hearing counsel …

Madras High Court Asks CIC To Conduct Fresh Inquiry Into Alleged Non-Disclosure Of Information Regarding Govt Action During COVID Pandemic
7 months, 1 week ago

Madras High Court Asks CIC To Conduct Fresh Inquiry Into Alleged Non-Disclosure Of Information Regarding Govt Action During COVID Pandemic

Live Law  

The Madras High Court has directed the Chief Information Commissioner to conduct a fresh inquiry into alleged non-disclosure of information pertaining to the actions taken by the Central Government during the COVID pandemic, including the actions taken, treatment given etc. In the order made on 7th December 2023, the copy of which was uploaded today, Justice PD Audikesavalu noted that …

Can’t refuse information under RTI on grounds that it’s ‘bulky’, says Delhi High Court
8 months, 1 week ago

Can’t refuse information under RTI on grounds that it’s ‘bulky’, says Delhi High Court

The Hindu  

The High Court has held that a public authority cannot deny information under the Right to Information Act on the grounds that the information sought is “bulky”. The court said that denying information on the grounds that the information sought by an individual is bulky “will amount to adding one more exemption under Section 8 of the RTI Act”. The …

Right To Information Act will become a dead letter if...: Supreme Court to Centre
1 year, 2 months ago

Right To Information Act will become a dead letter if...: Supreme Court to Centre

India Today  

The Supreme Court on Monday directed the Centre and state governments to fill vacancies in Information Commissions across the country, saying that if the posts were not filled then the whole purpose of the Right To Information Act would be defeated and the Act would become a "dead letter". "The failure of the state governments to fill the posts of …

Punjab & Haryana High Court Issues Directions To RTI Authorities Amid Rise In Cryptic, Non-Speaking Orders
1 year, 4 months ago

Punjab & Haryana High Court Issues Directions To RTI Authorities Amid Rise In Cryptic, Non-Speaking Orders

Live Law  

In a significant ruling, the Punjab & Haryana High Court recently held that authorities including the Appellate Authorities under the Right to Information Act have been passing “cryptic and non-speaking orders” in violation of the judgements of the Supreme Court, High Courts and mandate of the RTI Act.Justice Vikas Bahl thus directed authorities handling appeals under the Right. In a …

High court: Cryptic orders being passed in RTI complaints
1 year, 4 months ago

High court: Cryptic orders being passed in RTI complaints

Hindustan Times  

Taking note of large number of pleas coming to high court against “cryptic orders” passed by the appellate authorities, including state information commissioners, under the Right to Information Act-2005, the Punjab and Haryana high court has issued a slew of directions for proper adjudication of complaints. “This court has found that in a large number of cases, the authorities, including …

RTI Act | Public Information Officer Cannot Challenge Appellate Authority's Order Directing It To Disclose Information: Karnataka High Court
1 year, 8 months ago

RTI Act | Public Information Officer Cannot Challenge Appellate Authority's Order Directing It To Disclose Information: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that under the Right to Information Act, a Public information Officer has no authority to prefer an appeal against an order passed by the Appellate Authority, directing him to furnish information to an applicant under the Act. A single judge bench of Justice N S Sanjay Gowda has said, “There is no …

Delhi High Court Seeks Centre’s Response On Pleas Seeking Information Relating To Collegium Recommendations Under RTI Act
1 year, 8 months ago

Delhi High Court Seeks Centre’s Response On Pleas Seeking Information Relating To Collegium Recommendations Under RTI Act

Live Law  

The Delhi High Court on Wednesday sought response of the Union of India on pleas seeking information in respect of recommendations of the Supreme Court Collegium under Right to Information Act, 2005.Calling it an “important matter”, Justice Prathiba M Singh asked Additional Solicitor General Chetan Sharma to seek appropriate instructions and file an affidavit as the RTI applications relate. The …

[RTI Act] Second Appeal By PIO Maintainable Even If He Did Not File First Appeal U/S 19(1): Karnataka High Court
1 year, 9 months ago

[RTI Act] Second Appeal By PIO Maintainable Even If He Did Not File First Appeal U/S 19(1): Karnataka High Court

Live Law  

The Karnataka High Court has set aside the order passed by the Karnataka State Information Commissioner dismissing the second appeal filed by Public Information Officer, on the ground that the petitioner being the PIO cannot maintain the second appeal under Section 19 of the Right to Information Act. The counsel for the petitioner had contended that the second appeal under …

RTI | Delhi High Court To Hear Pleas Seeking Copies Of Documents Relating To Collegium Recommendations On April 12
1 year, 10 months ago

RTI | Delhi High Court To Hear Pleas Seeking Copies Of Documents Relating To Collegium Recommendations On April 12

Live Law  

The Delhi High Court is set to consider the question as to whether information relating to recommendations made by Supreme Court Collegium can be disclosed under Right to Information Act, 2005.Justice Prathiba M Singh listed for hearing on April 12 a batch of three petitions seeking information in respect of Collegium recommendations. The Delhi High Court is set to consider …

RTI | Personal Info Not Serving Public Interest Can't Be Disclosed: Gujarat HC Tells Judicial Officer Who Sought Transfer Communications Of Other Officers
1 year, 11 months ago

RTI | Personal Info Not Serving Public Interest Can't Be Disclosed: Gujarat HC Tells Judicial Officer Who Sought Transfer Communications Of Other Officers

Live Law  

Allowing a petition preferred by the Gujarat High Court administration, a single bench of Justice Biren Vaishnav quashed the order of the State Information Commission requiring the administration to disclose certain third party, personal information sought by a judicial officer under Right to Information Act.The bench reiterated that information which is “personal" in nature and which does. Allowing a petition …

CBI Not Liable To Furnish Information Under RTI Act, Exempted U/S 24: Kerala High Court
2 years, 2 months ago

CBI Not Liable To Furnish Information Under RTI Act, Exempted U/S 24: Kerala High Court

Live Law  

The Kerala High Court recently observed that the Central Bureau of Investigation is not liable to furnish any information sought under the RTI Act, as it is included in the second schedule in contemplation of Section 24 of the RTI Act which exempts certain organisations from the Act.As per Section 24 of the RTI Act, the Act shall not apply …

Employee's Performance Is "Personal Information" Exempted U/S 8(1)(j) RTI Act: J&K&L High Court
2 years, 2 months ago

Employee's Performance Is "Personal Information" Exempted U/S 8(1)(j) RTI Act: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Saturday reiterated that the "performance of an employee or an officer in an organisation is primarily a matter between the employee and the employer and falls within the meaning of personal information." While the Public Information Officer of KVS on 1 March 2014 declined to provide the information on the ground …

RTI Act | Information Commission Can't Turn Blind Eye To Culpable Delay In Furnishing Info By PIO: Karnataka High Court Imposes Penalty
2 years, 5 months ago

RTI Act | Information Commission Can't Turn Blind Eye To Culpable Delay In Furnishing Info By PIO: Karnataka High Court Imposes Penalty

Live Law  

The Karnataka High Court recently observed that the Information Commission cannot let the undue delay caused by a Public Information Officer in furnishing information as sought for under the Right to Education Act, go unpunished.Leaving the culpable delay to go with impunity strikes at the root of law, a single judge bench of Justice Krishna S Dixit said.The court was …

Plea In Jharkhand High Court Challenges Its RTI Rules Asking Applicants To Provide 'Motive' Behind Seeking Info, Notice Issued
2 years, 10 months ago

Plea In Jharkhand High Court Challenges Its RTI Rules Asking Applicants To Provide 'Motive' Behind Seeking Info, Notice Issued

Live Law  

The Jharkhand High Court on Tuesday issued a notice on a writ petition challenging certain provisions of the High Court's Right to Information Rules as ultra vires the Central legislation.The matter was heard by a division bench of Chief Justice Ravi Ranjan and Justice Sujit Narayan Prasad, which sought a response from the Registrar General of High Court, directing him …

RTI Plea Seeking Details Of Supreme Court Collegium's December 2018 Meeting Rejected By CIC
3 years ago

RTI Plea Seeking Details Of Supreme Court Collegium's December 2018 Meeting Rejected By CIC

Live Law  

The Central Information Commission in a recent decision upheld an order of the First Appellate Authority under the Right to Information Act denying information sought regarding the decisions taken by the Supreme Court Collegium in a meeting held on December 12, 2018. Importantly, activist Anjali Bhardwaj had filed an RTI Application seeking information about SC's Collegium meet on December 12, …

RTI Application Can’t be Rejected On Mere Third Party Objection, Says MP Information Commission
3 years ago

RTI Application Can’t be Rejected On Mere Third Party Objection, Says MP Information Commission

News 18  

An RTI plea can’t be turned down merely on the basis of a third party objection on the matter, MP State Information Commission said on Thursday. Rejecting the objection of a third party, the Information Commissioner Rahul Singh asked to turn down the appeal and directed the concerned department to offer information to the RTI applicant immediately. However, Mishra then …

Supreme Court Refuses To Stay RBI Notices To Bank Under RTI To Disclose Information
3 years, 6 months ago

Supreme Court Refuses To Stay RBI Notices To Bank Under RTI To Disclose Information

Live Law  

The Supreme Court on Friday refused the prayers made by Punjab National Bank and Union Bank of India to stay the RTI notices issued to them by the Reserve Bank of India to disclose information related to defaulters list, inspection reports etc.A division bench comprising Justices S Abdul Nazeer and Krishna Murari however issued notice on the writ petitions filed …

Supreme Court criticises govt for non-reply to Jairam Ramesh’s plea on changes in RTI Act
3 years, 10 months ago

Supreme Court criticises govt for non-reply to Jairam Ramesh’s plea on changes in RTI Act

The Hindu  

The Supreme Court on Monday criticised the Union government for having not filed a reply for over a year to a petition by parliamentarian Jairam Ramesh challenging the amendments made to the Right to Information Act. The court, in January 2020, asked the Centre to file its reply to Mr. Ramesh’s plea that the amendments gave the government unparalleled powers …

Public Authority To Give Cogent Reasons For Claiming Exemption From Disclosure Of Information Sought Under The RTI Act: Delhi High Court
3 years, 11 months ago

Public Authority To Give Cogent Reasons For Claiming Exemption From Disclosure Of Information Sought Under The RTI Act: Delhi High Court

Live Law  

Delhi High Court has on Friday observed that when a public authority withholds information under RTI Act, the burden is on the public authority to show in what manner disclosure of such information could impede the investigation. The present petition was filed seeking directions to impugn the order dated 15th January 2018 passed by the Central Information Commission, whereby it …

Disclosure Of Interest Necessary Only When 'Personal' Information Sought Under RTI Act: Delhi High Court Clarifies Its Recent Ruling
3 years, 11 months ago

Disclosure Of Interest Necessary Only When 'Personal' Information Sought Under RTI Act: Delhi High Court Clarifies Its Recent Ruling

Live Law  

The Delhi High Court on Friday clarified that whenever 'Personal Information' is sought under the 'Right To Information Act, 2005', the disclosure of applicant's interest in the information being sought would be necessary to establish his/her bonafides. Justice Prathiba Singh, on 29th January, observed that there has been an "inadvertent omission" in the earlier order and the Bench further clarified …

Disclosure of interest in info sought under RTI not ‘necessary’ but ‘important’
3 years, 11 months ago

Disclosure of interest in info sought under RTI not ‘necessary’ but ‘important’

Hindustan Times  

The Delhi high court has modified its earlier order to state that disclosure of applicant’s interest in the information sought under the Right to Information Act is “necessary” only when personal information is sought. On Friday, justice Prathiba Singh modified her earlier order of Jan 12 where it had said that the reason for disclosure of applicant’s interest is “necessary” …

[Denial Of Info. Under RTI] 'Take Action Against Officer Under RTI Act Who Acted In A Callous Manner ', Gujarat HC Directs SIC [Read Order]
4 years, 3 months ago

[Denial Of Info. Under RTI] 'Take Action Against Officer Under RTI Act Who Acted In A Callous Manner ', Gujarat HC Directs SIC [Read Order]

Live Law  

The Gujarat High Court on Thursday directed the State Information Commissioner to initiate proceedings under Section 20 of the Right to Information Act. Kogje observed, "The Court is of the view that this is a fit case where the proceedings under Section 20 of the Right to Information Act needs to be initiated in view of non-compliance of the order …

Public Information Officers Who Mechanically Reject RTI Applications Should Be Shown The Doors, Says Madras HC [Read Order]
4 years, 4 months ago

Public Information Officers Who Mechanically Reject RTI Applications Should Be Shown The Doors, Says Madras HC [Read Order]

Live Law  

Public Information Officers who mechanically reject the RTI Applications should be shown the doors as they are unfit to hold the said post, said the Madras High Court recently.Justice S. Vaidyanathan observed thus while dismissing a writ petition filed by Tamil Nadu Public Service Commission which sought to quash an order passed by Tamil Nadu Information Commission directing it to …

Copies Of Court Documents Can Be Obtained Only By Applying Under Court Rules And Not RTI : SC [Read Judgment]
4 years, 10 months ago

Copies Of Court Documents Can Be Obtained Only By Applying Under Court Rules And Not RTI : SC [Read Judgment]

Live Law  

The Supreme Court on Wednesday held that the information to be accessed/certified copies on the judicial side is to be obtained through the mechanism provided under the High Court Rules and the provisions of the RTI Act shall not be resorted to. The bench comprising Justices Banumathi, A S Bopanna & Hrishikesh Roy held in the case Chief Information Commissioner …

Open, all the same: On CJI office and RTI Act
5 years, 1 month ago

Open, all the same: On CJI office and RTI Act

The Hindu  

The adage, “sunlight is the best disinfectant” is often used to delineate the need for disclosure of matters related to public interest through the Right to Information mechanism. The welcome ruling by a five-member Constitution Bench of the Supreme Court that the office of the Chief Justice of India is a “public authority” under the RTI Act, as much as …

RTI law applies to CJI office: Supreme Court
5 years, 1 month ago

RTI law applies to CJI office: Supreme Court

Deccan Chronicle  

New Delhi: Bringing down the curtain on a nearly decade-old debate, the Supreme Court on Wednesday held that the office of the Chief Justice of India is a public authority and is covered under the Right to Information Act, but added that disclosure of any information sought will have to be balanced with the independence of judiciary, which itself is …

No office is above the law, even CJI is under RTI ambit, rules SC
5 years, 1 month ago

No office is above the law, even CJI is under RTI ambit, rules SC

Live Mint  

Expanding the ambit of Right to Information applications, the Supreme Court on Wednesday upheld a Delhi high court judgement declaring the Chief Justice’s office as a “public authority” that falls under the Right to Information Act. The Supreme Court appealed the order in the Delhi high court and justice S. Ravindra Bhat in September 2009 upheld the order of the …

CJI falls under the ambit of RTI Act, rules Supreme Court
5 years, 1 month ago

CJI falls under the ambit of RTI Act, rules Supreme Court

Live Mint  

The Supreme Court on Wednesday ruled that the office of Chief Justice of India comes under the purview of the Right to Information Act. The five-judge bench of Chief Justice Ranjan Gogoi, Justice NV Ramana, Justice DY Chandrachud, Justice Deepak Gupta and Justice Sanjiv Khanna pronounced the verdict with a 3:2 majority. The verdict comes in the matter of a …

Supreme Court to decide today if CJI comes under RTI Act; Ranjan Gogoi had earlier said institution can't be destroyed in name of transparency
5 years, 1 month ago

Supreme Court to decide today if CJI comes under RTI Act; Ranjan Gogoi had earlier said institution can't be destroyed in name of transparency

Firstpost  

A five-judge constitution bench headed by CJI Ranjan Gogoi will pronounce its verdict after listening to a petition filed against a 2010 judgment of the Delhi High Court New Delhi: The Supreme Court will on Wednesday pronounce the verdict on whether or not the office of Chief Justice of India comes under the ambit of the Right to Information Act. …

Does The Office Of CJI Come Under RTI ? SC To Pronounce Judgment Tomorrow
5 years, 1 month ago

Does The Office Of CJI Come Under RTI ? SC To Pronounce Judgment Tomorrow

Live Law  

The Supreme Court will pronounce the judgment tomorrow in its own appeal against a Delhi High Court judgment that had held that the Supreme Court and the Chief Justice of India are "public authorities" under the Right to Information Act.The Constitution bench comprising of Chief Justice of India Ranjan Gogoi and Justices NV Ramana, DY Chandrachud, Deepak Gupta and Sanjiv …

University Bound To Provide Answer Sheets Under RTI: Madras HC
5 years, 2 months ago

University Bound To Provide Answer Sheets Under RTI: Madras HC

Live Law  

The Madras High Court on Monday held that evaluated answer sheets are `information' under the Right to Information Act, 2005 and Universities are bound to provide them to the Respondent-students. Rejecting this claim, Justice Subramniam said that the Apex Court had in unequivocal terms held that evaluated answer sheets are "information" under the RTI Act. 8 SCC 497) In this …

Subverting the RTI regime
5 years, 5 months ago

Subverting the RTI regime

The Hindu  

The recent passage of the Right to Information Bill by the Lok Sabha has reignited the debate on the future of important institutions in India. Two of the most controversial provisions of the Bill are: a) the stipulation that the terms of office of the Central and State Information Commissioners will be determined by the Central government as against the …

Whether Disciplinary Proceedings Against Employees Is A 'Personal Information' Exempted From Disclosure Under RTI Act? SC Issues Notice [Read Order]
5 years, 8 months ago

Whether Disciplinary Proceedings Against Employees Is A 'Personal Information' Exempted From Disclosure Under RTI Act? SC Issues Notice [Read Order]

Live Law  

The Supreme Court has issued a notice in a petition raising an issue whether even disciplinary proceedings initiated and action taken against employees would fall under "personal information" as defined in Clause of Section 8 of the Right to Information Act, 2005. The RTI applicant had sought personal information regarding some officer against whom the Corporation had issued charge-sheet and …

'Can't destroy institution in name of transparency': Ranjan Gogoi on whether CJI's office comes under RTI Act
5 years, 9 months ago

'Can't destroy institution in name of transparency': Ranjan Gogoi on whether CJI's office comes under RTI Act

Firstpost  

A five-judge Constitution bench presided by Chief Justice Ranjan Gogoi was hearing a plea filed by the Supreme Court secretary-general against the January 2010 judgment of the Delhi High Court that declared the CJI’s office a “public authority” within the meaning of Section 2 of the RTI Act, 2005. In January 2009, the top court had moved the Delhi High …

SC reserves verdict on opening CJI office to RTI
5 years, 9 months ago

SC reserves verdict on opening CJI office to RTI

Live Mint  

, April 4 The Supreme Court on Thursday reserved its judgment on a petition seeking clarification whether the office of Chief Justice of India is covered under the Right to Information Act. Venugopal had submitted that sharing information connected with collegium, which is under the CJI office, would make judges and the government shy and destroy judicial independence. Venugopal also …

RTI integral, says Supreme Court but refuses to come under it
5 years, 10 months ago

RTI integral, says Supreme Court but refuses to come under it

The Hindu  

The Supreme Court on Friday lauded the role of the Right to Information Act as an “integral part of any vibrant democracy.” But the apex court itself has refused to come under the ambit of the information transparency law for the past one decade. The question involved was whether disclosure of information under RTI about judicial appointments, transfers of Supreme …

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