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SUPREME COURT OF INDIA
R. BANUMATHI, A.S. BOPANNA, HRISHIKESH ROY, JJ.
CHIEF INFORMATION COMMISSIONER – Appellant
Versus
HIGH COURT OF GUJARAT AND ANOTHER – Respondent
Civil Appeal No(s). 1966-1967 of 2020 (Arising out of SLP(C) No.5840 of 2015)
Decided on : 04-03-2020
(a) Gujarat High Court Rules, 1993 - Rule 151 - Obtaining information from High Court - Information on administrative side of High Court can be obtained under RTI Act with certain limitations - Information on the judicial side can be obtained by following procedure under Rule 151. (Para 25)
(b) Gujarat High Court Rules, 1993 - Rule 151 and Section 6(2) and 22, Right to Information Act, 2005 - Obtaining certified copies of documents, orders and other proceedings - Parties to the litigation are entitled to obtain the copies on an application and depositing prescribed fee - Third parties, however, additionally required to submit an affidavit detailing reasons for such request - Section 6(2), on the other hand, does not require furnishing reasons for such request - Both provisions require to be harmonized. (Para 26)
(c) Constitution of India - Article - 225 - High Court Rules framed under Article 225 provide a mechanism for obtaining certified copies of proceedings by third parties - This mechanism should be preserved and followed - It cannot be abandoned or discontinued merely because the general law, RTI Act, has been enacted. (Para 27)
(d) Gujarat High Court Rules, 1993 - Rule 151 - Information held by High Court on judicial side are "personal information" of litigants - Rule 151 prescribes procedure for obtaining such information by third party - Process of court cannot be abused under guise of seeking information under the RTI Act - Such information would be covered under section 8, RTI Act, 2005. (Para 28, 29, 31)
(e) Right to Information Act, 2005 - Section 4(2) - Requiring every public authority to take steps to provide as much information suo motu at regular intervals as will obviate need to take resort to the Act - Accordingly all judgments and orders are regularly posted on respective website of High Courts - Likewise, status of the pending cases and orders passed by High Courts in exercise of its power under Section 235 of the Constitution of India i.e. control over the subordinate courts like transfers, postings and promotions are also made available in the website - Documents and other information pertaining to the litigants to the proceedings being their personal information, resort must be had to Rule 151 of High Court Rules. (Para 33, 40)
(f) Gujarat High Court Rules, 1993 - Rule 151 and Section 6(2) and 22, Right to Information Act, 2005 - Overriding effect of RTI Act u/s 22 - Applicable only in case of inconsistency - Rule 151 requiring affidavit by third parties stating reasons for seeking requested information and section 6(2) not putting any such condition - Section 22 has an overriding effect on High Court Rules and Orders framed under Article 225 of the Constitution of India only in case of inconsistency - Gujarat High Court Rules neither prohibit nor forbid dissemination of information or grant of certified copies of records - It only requires filing an application/affidavit or payment of fees, etc. - No inconsistency between the two provisions - Therefore, RTI Act has no overriding effect over Rule 151 of the Gujarat High Court Rules. (Para 38)
(g) Section 11 - Seeking information - Information supplied by third party treating it as confidential - Process u/s 11 very cumbersome - In view of effective machinery under Rule 151, High Court Rules providing simple procedure, no need to resort to section 11. (Para 42)
Facts of the case:
An RTI application was filed by respondent No.2 seeking information pertaining to two civil cases along with all relevant documents and certified copies. In reply Public Information Officer, Gujarat High Court informed respondent No.2 that the information can be supplied only in accordance with High Court Rules 1993 (Rules 151 and 154 to 159)
Respondent No.2 preferred Appeal before the Appellate Authority-Registrar Administration under Section 19 of the Right to Information Act, 2005. The appeal was dismissed.
Respondent No.2 then filed Second Appeal before the Appellant-Chief Information Commissioner. Respondent No.1-High Court filed its response reiterating the position that there are provisions under Rules 149 to 154 of the Gujarat High Court Rules for anybody who wants to obtain the certified copies. Respondent No.1 stated that despite the letter by the Deputy Registrar (CC Section), Decree Department, Gujarat High Court to respondent No.2 informing him of the procedure for getting certified copies, respondent No.2 has not made application as per the rules of the High Court and that the Public Information Officer cannot be compelled to breach the High Court Rules and hence, the appeal filed before the Chief Information Commissioner (CIC) is liable to be dismissed. Relying upon Sections 6(2) and 22 of the RTI Act, the appellant-Chief Information Commissioner directed Public Information Officer of the Gujarat High Court to provide the information sought by respondent No.2 within twenty days.
Challenging the order of Chief Information Commissioner, respondent No.1 filed Special Civil Application before the High Court. The learned Single Judge, while admitting the petition, passed an interim order directing respondent No.1 to provide the information sought by respondent No.2 within four weeks.
Respondent No.1-High Court preferred Letters Patent Appeal before the Division Bench which has been allowed.
Finding of the Court:
For 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.
Result: Appeals dismissed.
JUDGMENT :
R. Banumathi, J.
Leave granted.
2. The point falling for determination in this appeal is as regards the right of a third party to apply for certified copies to be obtained from the High Court by invoking the provisions of Right to Information Act without resorting to Gujarat High Court Rules prescribed by the High Court.
3. Brief facts which led to filing of this appeal are as follows:-
An RTI application dated 05.04.2010 was filed by respondent No.2 seeking information pertaining to the following cases - Civil Application No.5517 of 2003 and Civil Application No.8072 of 1989 along with all relevant documents and certified copies. In reply, by letter dated 29.04.2010, Public Information Officer, Gujarat High Court informed respondent No.2 that for obtaining required copies, he should make an application personally or through his advocate on affixing court fees stamp of Rs.3/- with requisite fee to the "Deputy Registrar". It was further stated that as respondent No.2 is not a party to the said proceedings, as per Rule 151 of the Gujarat High Court Rules, 1993, 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 Gujarat High Court Rules, 1993.
4. Being aggrieved, respondent No.2 preferred Appeal No.84 of 2010 before the Appellate Authority-Registrar Administration under Section 19 of the Right to Information Act, 2005 (for short "RTI Act"). The appeal was dismissed vide order dated 04.08.2010 on the ground that for obtaining certified copies, the alternative efficacious remedy is already available under the Gujarat High Court Rules, 1993 and that under the provisions of RTI Act, no certified copies can be provided.
5. Respondent No.2 then filed Second Appeal No.1437 of 2010-11 before the Appellant-Chief Information Commissioner and notice was sent to respondent No.1. Respondent No.1-High Court filed its response reiterating the position that there are provisions under Rules 149 to 154 of the Gujarat High Court Rules for anybody who wants to obtain the certified copies as per which, application/affidavit should be filed stating the grounds for which the documents are required and with requisite court fee stamps. Respondent No.1 stated that despite the letter dated 02.07.2010 by the Deputy Registrar (CC Section), Decree Department, Gujarat High Court to respondent No.2 informing him of the procedure for getting certified copies, respondent No.2 has not made application as per the rules of the High Court and that the Public Information Officer cannot be compelled to breach the High Court Rules and hence, the appeal filed before the Chief Information Commissioner (CIC) is liable to be dismissed. Relying upon Sections 6(2) and 22 of the RTI Act, the appellant-Chief Information Commissioner vide its order dated 04.04.2013 directed Public Information Officer of the Gujarat High Court to provide the information sought by respondent No.2 within twenty days.
6. Challenging the order of Chief Information Commissioner, respondent No.1 filed Special Civil Application No.7880 of 2013 before the High Court. The learned Single Judge, while admitting the petition, passed an interim order dated 11.10.2013 directing respondent No.1 to provide the information sought by respondent No.2 within four weeks. The learned Single Judge held that the legality and validity of the direction given by the appellant and the right of respondent No.2 to receive the copies under RTI Act will be considered at the stage of final hearing. It was however clarified that supply of information by respondent No.1 shall not be construed as acceptance of applicability of RTI Act to the High Court.
7. Being aggrieved by the interim order, respondent No.1-High Court preferred Letters Patent Appeal No. 1348 of 2013 before the Division Bench contending that the party who seeks certified cop
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