RTI Act Cannot Be Invoked When Alternate Remedies Available: Madras HC [Read Judgment]
Madurai Bench of the High Court of Madras has held that the Right to Information Act, 2005 cannot be invoked at the first instance, if an effective alternative remedy is available to obtain such information.“Although the learned counsel appearing for the petitioner has elaborately made his submission and taken this Court through the Scheme of RTI Act, particularly, Sections 4, 8 and 22. Madurai Bench of the High Court of Madras has held that the Right to Information Act, 2005 cannot be invoked at the first instance, if an effective alternative remedy is available to obtain such information. “Although the learned counsel appearing for the petitioner has elaborately made his submission and taken this Court through the Scheme of RTI Act, particularly, Sections 4, 8 and 22 of the RTI Act, I am unable to persuade myself that RTI Act can be invoked for all purposes regardless of the fact that there is existence of alternative effective mechanism provided under the respective departments for seeking information. The Court accepted such contentions and refused to interfere with the Commission’s reasoning, observing, “The framers of the Act and the object behind the Act would not have envisaged that any information to be sought can be made available only under the RTI Act and not at all through other Acts.
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