Can high court insist on its rules on RTI pleas, SC asks Gujarat

The Supreme Court Monday issued notice to the registrar of the Gujarat High Court on a plea by the State Information Commission saying that the high court could not insist on adherence to its rules for sharing information sought under the Right to Information Act.

A bench of Justice J. Chelameswar and Justice Rohinton Fali Nariman issued notice to the registrar as well as former medical officer Mahendra Bhatt who had sought information from the high court under the RTI Act but was told by its public information officer that he should seek the information under the relevant provisions of the Gujarat High Court Rules, 1993 instead of the RTI Act.

Bhatt was also told that if he was not a party to the proceedings in respect of which he was seeking information, then he would have to file an affidavit stating reasons for which the certified copy and other documents were required.

This response came in reply to his application in 2010 seeking certain information along with documents and certified copies.

The PIO told Bhatt to approach the high court for the required information either personally or through his lawyer on the payment of fee of Rs.3 to the deputy registrar, decree department.