LexCHIEF INFORMATION COMMISSIONER versus HIGH COURT OF GUJARAT AND ANOTHER.
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A B C D E F G H 465 CHIEF INFORMATION COMMISSIONER v. HIGH COURT OF GUJARAT AND ANOTHER. (Civil Appeal Nos.1966-1967 of 2020) MARCH 04, 2020 [R. BANUMATHI, A. S. BOPANNA AND HRISHIKESH ROY, JJ.] Right to Information Act, 2005 – s. 19 – Gujarat High Court Rules, 1993 – rr. 149 to 154 – An RTI application was filed by respondent no. 2 seeking information pertaining to certain cases along with all relevant documents and certified copies – The Public Information Officer, Gujarat High Court informed respondent no. 2 that since he is not a party to the said proceedings, as per r. 151 of the Gujarat High Court Rules, his application should be accompanied by an affidavit stating the grounds for which the certified copies are required and on making such application, he will be supplied the certified copies of the documents as per Rules 149 to 154 of the Rules, 1993 – The same was upheld by the Appellate Authority Registrar Administration – In the second appeal by respondent no. 2, the appellant-Chief Information commissioner directed Public Information Officer of the Gujarat High Court to provide the information sought by respondent no. 2 – Challenging the said order, respondent no. 1-High Court filed an application before the High Court – The Single Judge of the High Court passed an interim order directing respondent no. 1 to provide information sought by respondent no. 2 – However, the Division Bench of the High Court set aside the order Chief Information Commissioner by observing that when a particular field is governed by the rules which are not declared ultra-vires, then there is no question of applying the fresh rules and make the situation confusing – Thus, respondent no. 2 has to file an affidavit disclosing the purpose for which the certified copies are required as per the High Court Rules and there is no question of making applications under the RTI Act – On appeal, held: The Gujarat High Court Rules neither prohibit nor forbid dissemination of information or grant of certified copies of records – R. 151 of the Gujarat High Court Rules stipulating a third party to have access to the information/ obtaining the certified 465 [2020] 5 S.C.R. 465 A B C D E F G H 466 SUPREME COURT REPORTS [2020] 5 S.C.R. 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 – 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 – The decision of the Division bench of the High Court confirmed. Dismissing the appeals, the Court HELD: 1. Rule 151 of the Gujarat High Court Rules, 1993 requires a third party applicant seeking copies of documents in any civil or criminal proceedings to file an application/affidavit stating the reasons for which those documents are required. As such, the High Court Rules do not obstruct a third party from obtaining copies of documents in any court proceedings or any document on the judicial side. It is not as if the information is denied or refused to the applicant. All that is required to be done is to apply for the certified copies with application/affidavit stating the reasons for seeking the information. The reason insisting upon the third party for stating the grounds for obtaining certified copies is to satisfy the court that the information is sought for bona fide reasons or to effectuate public interest. The information is held by the High Court as a trustee for the litigants in order to adjudicate upon the matter and administer justice. The same cannot be permitted by the third party to have access to such personal information of the parties or information given by the Government in the proceedings. Lest, there would be misuse of process of court and the information and it would reach unmanageable levels. If the High Court Rules framed under Article 225 provide a mechanism for invoking the said right in a particular manner, the said mechanism should be preserved and followed. The said mechanism cannot be abandoned or discontinued merely because the general law – RTI Act has been enacted.
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