Information Commissioner v High Court Of Gujarat
APPEAL NO(S).1966-1967 OF 2020(Arising
out of SLP(C) No.5840 of 2015) decided 04.03.2020
Banumathi, A.S. Bopanna and Hrishikesh Roy, JJ.
Whether a third party can apply for certified copies from
the High Court by invoking the provision of Right to Information Act without
resorting to rules prescribed by the High Court?
The appellant has contended that Section 6(2) of
The Respondent submitted that so far as the
The Supreme Court held that the information to be accessed/certified copies on the judicial side to be obtained through the mechanism provided under the High Court Rules, the provisions of the RTI Act shall not be resorted to. Furthermore, it was held that High Court Rules stipulating a third party to have access to the information/obtaining the certified copies of
the documents or orders requires to file an application/affidavit stating the reasons for seeking the information, is not inconsistent with the provisions of the RTI Act; but merely lays down a different procedure as the practice or payment of fees, etc. for obtaining information. In the absence of inherent inconsistency between the provisions of the RTI Act and other law, overriding effect of RTI Act would not apply.