"Purpose And Object Of RTI Act Defeated Due To Frivolous Applications" Plea Before Supreme Court Seeks Guidelines To Curb Misuse Of RTI Act
3 years, 8 months ago

"Purpose And Object Of RTI Act Defeated Due To Frivolous Applications" Plea Before Supreme Court Seeks Guidelines To Curb Misuse Of RTI Act

Live Law  

Supreme Court has on Monday adjourned the plea filed seeking guidelines to curb the misuse of Right to Information Act and smooth functioning of the public sectors, co-operative sectors, private Sectors, and organisation that fall under RTI Act.The adjournment was granted by a three-Judge Bench of CJI NV Ramana, Justice Bopanna and Justice Hrishikesh Roy in pursuance of a letter having. Supreme Court has on Monday adjourned the plea filed seeking guidelines to curb the misuse of Right to Information Act and smooth functioning of the public sectors, co-operative sectors, private Sectors, and organisation that fall under RTI Act. The present plea filed through Advocate Harisha SR and drawn by Advocate Reepak Kansal has also sought directions to introduce the concept of locus standi of the applicant seeking information under RTI Act based on the strict scrutiny on the intention of the applicant According to the plea which was filed before the top Court in March 2021, the purpose and object of the RTI Act are defeated due to heavy load of frivolous and repeated applications under RTI, filed by habitual RTI Activists adversely affect the functioning of Government or public de The plea has emphasised the need to reduce the misuse of the RTI Act and put in place guidelines to check the locus standi of RTI applicants which would promote efficient operations of the government with optimum use of limited fiscal resources and the satisfaction of genuine query of a responsible citizen. The plea, has also cited Supreme Court's order in the case of 'CBSE and others V. Aditya Bandopadhyay and Ors", where it was held that "Indiscriminate demands under the RTI Act for the disclosure of all and sundry information need not be met".

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History of this topic

RTI Act | Should Documents Available In First Appeal Records Be Necessarily Filed At The Time Of Second Appeal? Supreme Court To Consider
8 months, 1 week 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 …

RTI filing will be paperless, completely online soon, says SC
2 years, 3 months ago

RTI filing will be paperless, completely online soon, says SC

India Today  

The much-awaited online portal for filing Right To Information applications to help people access information about the Supreme Court is totally paperless and is ready to be launched soon. According to officials, the portal will be completely paperless and information pertaining to requests as well as responding to requests will be carried out online. Another feature which was added to …

CBI Not Liable To Furnish Information Under RTI Act, Exempted U/S 24: Kerala High Court
2 years, 4 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 …

Plea In Supreme Court Seeks Review Of Its PMLA Judgment
2 years, 6 months ago

Plea In Supreme Court Seeks Review Of Its PMLA Judgment

Live Law  

A review petition has been filed before the Supreme Court against its July 27 judgment in Vijay Madanlal Choudhary vs Union of India which upheld the power of arrest, attachment and search and seizure conferred on the Enforcement Directorate by the Prevention of Money Laundering Act, 2002. The Court also upheld the reverse burden of proof under Section 24 of …

RTI Plea Seeking Details Of Supreme Court Collegium's December 2018 Meeting Rejected By CIC
3 years, 2 months 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, …

Public Information Officers Who Mechanically Reject RTI Applications Should Be Shown The Doors, Says Madras HC [Read Order]
4 years, 6 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 …

Locus And RTI: To Be, Or Not To Be?
5 years, 2 months ago

Locus And RTI: To Be, Or Not To Be?

Live Law  

Recently Chief Justice S. A. Bobde had criticised how the concept of locus standi being conspicuous only by its absence in the RTI law and how the Act had come to be a tool for "blackmail and extortion", with "all sorts of people filing all kinds of applications". On a perusal of Section 6 of the Act, the court saw …

Open, all the same: On CJI office and RTI Act
5 years, 4 months 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, 4 months 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 …

SC rules CJI's office to come under RTI Act, holds it as 'public authority'
5 years, 4 months ago

SC rules CJI's office to come under RTI Act, holds it as 'public authority'

Op India  

In a significant judgement, the Supreme Court on Wednesday held that the office of the Chief Justice of India comes under the definition of “public authority” under the Right to Information Act, 2005, adding that judicial independence cannot be attained by holding back information. According to the reports, the five-judge bench of the Supreme Court led by Chief Justice Ranjan …

CJI falls under the ambit of RTI Act, rules Supreme Court
5 years, 4 months 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 …

[Updated]: RTI Applicable To Office Of CJI; SC Upholds Delhi HC Judgment
5 years, 4 months ago

[Updated]: RTI Applicable To Office Of CJI; SC Upholds Delhi HC Judgment

Live Law  

In a historic judgment, the Supreme Court on Wednesday held that the office of Chief Justice of India is a public authority under the Right to Information Act. "Confidentiality may have some bearing and importance in ensuring honest and fair appraisals, though it could work the other way around also and, therefore, what should be disclosed would depend on authentic …

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, 4 months 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. …

'Can't destroy institution in name of transparency': Ranjan Gogoi on whether CJI's office comes under RTI Act
5 years, 11 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, 11 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 And Judiciary
7 years, 3 months ago

RTI And Judiciary

Live Law  

The Supreme Court of India consistently held from 1975 to 2005 that RTI is a fundamental right of citizens. An analysis of the judgments of the Supreme Court on the RTI Act shows that out of seventeen judgments disclosure of information was ordered only in two. 6454 of 2011 the Court held, “Some High Courts have held that Section 8 …

RTI And Judiciary
7 years, 3 months ago

RTI And Judiciary

Live Law  

The Supreme Court of India consistently held from 1975 to 2005 that RTI is a fundamental right of citizens. An analysis of the judgments of the Supreme Court on the RTI Act shows that out of seventeen judgments disclosure of information was ordered only in two. 6454 of 2011 the Court held, “Some High Courts have held that Section 8 …

Most High Courts Notify RTI Rules Which Frustrate The Purpose Of The Act: Study
7 years, 9 months ago

Most High Courts Notify RTI Rules Which Frustrate The Purpose Of The Act: Study

Live Law  

A study conducted by the Legal System Reforms Project, Azim Premji University, Bangalore has revealed that most High Courts notify RTI rules which frustrate the purpose of the RTI Act. The report titled, “The Implementation of the Right to Information Act, 2005 in Nine High Courts of India - A Comparative Study”, compares the implementation of the Right to Information …

Plea in SC demands direction to amend RTI Act for fixing time limit for disposal of appeals
9 years ago

Plea in SC demands direction to amend RTI Act for fixing time limit for disposal of appeals

Live Law  

RTI Activist Rakesh Kumar Tewari has reportedly approached the Supreme Court of India, demanding that the Centre be directed to amend the Right to Information Act, 2005, thereby fixing time limit for disposal of appeals by the Central Information Commission and state information panels.Through the Appeal, Mr. Tewari has challenged an order passed by the Allahabad High Court, which had. …

Plea in SC demands direction to amend RTI Act for fixing time limit for disposal of appeals
9 years ago

Plea in SC demands direction to amend RTI Act for fixing time limit for disposal of appeals

Live Law  

RTI Activist Rakesh Kumar Tewari has reportedly approached the Supreme Court of India, demanding that the Centre be directed to amend the Right to Information Act, 2005, thereby fixing time limit for disposal of appeals by the Central Information Commission and state information panels.Through the Appeal, Mr. Tewari has challenged an order passed by the Allahabad High Court, which had. …

Madras High Court withdraws its Directive to State Reasons for getting Information under RTI; Admits it failed to notice S.6(2) RTI Act
10 years, 5 months ago

Madras High Court withdraws its Directive to State Reasons for getting Information under RTI; Admits it failed to notice S.6(2) RTI Act

Live Law  

Madras High Court Division Bench comprising of Justice N. Paul Vasanthakumar and Justice K. Ravichandra babu has withdrawn its directive in Public Information Officer Vs. Central Information Commission and Others that RTI Applicants must give reasons for seeking information under Right to Information Act 2005. The Bench Suo Motu took up the matter and held that “we have made certain …

RTI applicants must give basic reasons for seeking information : Madras High Court [Read the Judgment]
10 years, 5 months ago

RTI applicants must give basic reasons for seeking information : Madras High Court [Read the Judgment]

Live Law  

A Madras High Court Division Bench comprising of Justice N. Paul Vasanthakumar and Justice K. Ravichandrababu has ruled that RTI applicants must give reasons for seeking information as it gave relief to its Registry from disclosing file notings on a complaint against a chief metropolitan magistrate. Having found that the action of the second respondent in sending numerous complaints and …

RTI applicants must give basic reasons for seeking information : Madras High Court [Read the Judgment]
10 years, 5 months ago

RTI applicants must give basic reasons for seeking information : Madras High Court [Read the Judgment]

Live Law  

A Madras High Court Division Bench comprising of Justice N. Paul Vasanthakumar and Justice K. Ravichandrababu has ruled that RTI applicants must give reasons for seeking information as it gave relief to its Registry from disclosing file notings on a complaint against a chief metropolitan magistrate. Having found that the action of the second respondent in sending numerous complaints and …

Supreme Court challenges verdict bringing CJI under RTI
15 years ago

Supreme Court challenges verdict bringing CJI under RTI

The Hindu  

The Supreme Court on Monday filed an appeal before itself challenging the judgement of the Delhi High Court holding that the office of the Chief Justice of India came under the ambit of the RTI Act and was liable to reveal information under it. The petition, though drafted more than a month ago, was filed on Monday by advocate Devdutt …

‘RTI Act can’t question judicial order’
15 years, 2 months ago

‘RTI Act can’t question judicial order’

The Hindu  

The Supreme Court on Monday held that the Right to Information Act cannot be used by a litigant to question the basis or correctness of a judicial order. Chauhan dismissed a special leave petition filed by a litigant Khanapuram Gandaiah against a judgment of the Andhra Pradesh High Court rejecting the plea for giving reasons for the judicial order under …

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