A third party cannot apply for certified copies from the High Court by invoking the provision of RTI

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Chief
Information Commissioner v High Court Of Gujarat

CIVIL
APPEAL NO(S).1966-1967   OF 2020(Arising
out of SLP(C) No.5840 of 2015) decided 04.03.2020

Click to access 4228_2015_5_1501_21164_Judgement_04-Mar-2020.pdf

Bench:
R.
Banumathi, A.S. Bopanna and Hrishikesh Roy, JJ.

Question
of Law

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?

Argument Advanced

Appellant

Respondent

The appellant has contended that Section 6(2) of
the RTI Act specifically provides that an applicant making a request for
information shall not be required to give reasons for requesting the
information sought and whereas under the High Court Rules, applications made
by third parties seeking copies of the documents shall be accompanied by an
affidavit stating the grounds on which they are required and there is direct
inconsistency between the provisions of the RTI Act and the High Court Rules,
1993.  It was submitted that in view of
the inconsistency between the provisions of the RTI Act and the High Court
Rules, harmonious construction between the two is not possible and in the
event of conflict between the provisions of RTI Act and any other law made by
the Parliament or State Legislature or any other authority, the former must
prevail.

The Respondent submitted that so far as the
information on the judicial side of the High Court concerned the Rules framed
by the High Court provide for dissemination of information to third party as
per the High Court Rules by filing an application with requisite fee and
filing an affidavit stating the grounds.
Insofar as the information on the administrative side of the High
Court, it is submitted that access to such information could be had through
the Rules framed by the various High Courts and the Rules framed under the
RTI Act by the High Courts.

Held

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.

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