Different set of RTI Rules followed by the Allahabad High Court
15 Apr, 2013Background
The appellant filed an application under the Right to Information (RTI) Act with the Allahabad High Court seeking information relating to the functioning of the Allahabad High Court. She also wanted to know about the number of holidays in the last financial year; the number of cases listed and taken up in the said Courts and if there was any rule under which some steps could be taken against such advocates who failed to appear in the High Court after filing the case. The Public Information Officer (PIO) denied the information on the ground that the request was not in accordance with the rule 20 of the Allahabad High Court Right to Information Rules, 2006.
View of CIC
The Central Information Commission (CIC) observed that Rule 20 of the Allahabad High Court Right to Information Rules 2006 expects the information seeker to explicitly assert that his motive for seeking the information is both legal and proper. This is completely against the provision contained in section 6(2) of the Right to Information (RTI) Act which clearly states that "an applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him.” The CIC directed the PIO to bring this to the notice of the competent authority to reconsider the validity of this particular rule in view of the expressly contrary provision in the RTI Act. The Commission also directed the PIO to provide the information to the appellant.
Citation: Mrs. Lata Tripathi v. Allahabad High Court in File No. CIC/WB/A/2010/000049SM
RTI Citation : RTIFI/2013/CIC/1198
Click here to view original RTI order of Court / Information Commission