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2010 Supreme(UK) 97

2010 (1) UAD 744
UTTARAKHAND HIGH COURT
Hon’ble Mr. Justice Sudhanshu Dhulia
Writ Petition No. 2110 of 2009 (M/S)
HIGH COURT OF UTTARAKHAND – Petitioner
Versus
STATE INFORMATION COMMISSIONER & ORS. – Respondents

Decided on : 12.03.2010

Advocates:
For the Petitioner:Mr. Arvind Vasistha, Advocate
For the Respdt. Nos. 1 & 2 :Mr. Vipul Sharma, Advocate

Headnote:(A) Right to information Act, 2005, Secs. 4(3) and 4 — Language of information — Sub-section (3) to Section 4 states that for the purpose of sub-section (1), every information shall be disseminated widely and in such form and manner which is easily accessible to the public — According to Section 4(4) the information has to be given considering, inter alia, the "local language" and the most effective method of communication in that local area and the information should be easily accessible — Where a specific request has been made to supply such an information in the local language, then it would be even more necessary to supply such information in that local language — And it would be in the true letter and spirit of Sub-sections 3 and 4 to Section 4 of the Act. (Paras 16, 17 & 21)

       (B) Constitution of India, 1950, Arts. 343, 345 and 348, Right to Information Act, 2005 Secs. 4(3) and (4) — Language of information as per Art. 348 of the Constitution, Court proceedings of the High Court shall be in English, but in exercising the powers of a Public Information Officer under the RTI Act, the authority concerned is exercising only administrative powers and is not a "High Court" or a quasi judicial authority — But supplying information under the RTI Act will not be called the proceedings of the High Court — And the Public Information Officer or the Appellate Authority are not saved by Art. 348 of the Constitution — U/Art. 343 of the Constitution, the official language of the Union is Hindi in Devnagari script and u/Art. 345 and the Official Language Act, 1951, the official language of the State of Uttarakhand being Hindi — The concerned officers of the High Court are bound to supply information in Hindi, if desired by the applicant — In case, applicant seeks any "record" that can be supplied in the language, in which, it is available — And only the information in question-answer form shall be given in Hindi, when asked.

        (Paras 23, 24, 25, 34 and 35)

       ¼v½ lwpuk dk vf/kdkj vf/kfu;e] 2005] /kkjk 4¼3½ vkSj ¼4½ ds vUrxZr lwpuk dh Hkk"kk dk iz'u & mi/kkjk ¼3½ ls /kkjk ¼4½ rd ;g dgrh gS fd mi/kkjk ¼1½ ds rkRi;Z ds okLrs] izR;sd lwpuk dk izpkj izlkj foLr`r :i ls gksxk vkSj bl rjhds ls rFkk bl fdLe ls tks tulkekU; dks vklkuh ls le>us yk;d gS & /kkjk 4¼4½ ds vuqlkj lwpuk bl izdkj nh tkuh gS ftlesa LFkkuh; Hkk"kk dk lekos'k gks vkSj ml {ks= esa izpfyr lcls izHkkoh rjhds ls tks vklkuh ls izkIr gksuh pkfg, & tc dksbZ fo'ks"k izkFkZuk ,slh lwpuk dks iznRr dju ds fy, LFkkuh; Hkk"kk esa dh tk, rc rks ;g vkSj Hkh vko';d gks tk,xk fd ,slh lwpuk {ks=h; Hkk"kk esa gh iznRr dh tk, vkSj og mièkkjk ¼3½ o ¼4½ ds vuqlkj okLrfod 'kCnkoyh vkSj Hkkouk ds vuqlkj gksxhA

        ¼izLrj 16] 17 ,oa 21½

       ¼c½ Hkkjrh; lafo/kku 1950] vuqPNsn 343] 345 vkSj 348 o lwpuk dk vf/kdkj vfèkfu;e] 2005] /kkjk 4¼3½] ¼4½ & Hkkjrh; lafo/kku ds vuqPNsn 348 ds vuqlkj mPp U;k;ky; dh dk;Zokgh vaxzsth esa gksxh ijUrq yksd lwpuk vf/kdkjh ds vf/kdkjksa dk iz;ksx djrs le;] lwpuk ds vf/kdkj ds vUrxZr lEcfU/kr vf/kdkjh dsoy iz'kklfud vf/kdkjksa dk iz;ksx djrk gS vkSj ml le; og mPp U;k;ky; ugha gksrk & vFkok v/kZ U;kf;d vf/kdkjh ds :i esa gksrk gS ijUrq lwpuk ds vf/kdkj ds vf/kfu;e ds vUrxZr lwpuk iznku djrs le; mls mPp U;k;ky; dh dk;Zokgh ugha dgk tk,xk rFkk yksd lwpuk vf/kdkjh vFkok vihysV vf/kdkjh dk vkj{k.k vuqPNsn 348 Hkkjrh; lafo/kku ls ugha gksrk & vuqPNsn 343 Hkkjrh; lafo/kku ds vuqlkj Hkkjrh; x.kjkT; dh Hkk"kk dk;kZy; esa dke djrs gq, fgUnh nsoukxjh fyfi esa gS vkSj vuqPNsn 345 Hkkjrh; lafo/kku vkSj dkedkth Hkk"kk vf/kfu;e 1951 ds vuqlkj mRrjk[k.M jkT; dh Hkk"kk fgUnh gksus ds dkj.k mPp U;k;ky; ds lEcfU/kr vf/kdkjhx.k ml n'kk esa tc izkFkhZ vuqjks/k djs] rks fgUnh esa gh lwpuk nsus ds fy, ck/; gSa & ml n'kk esa tc izkFkhZ fdlh fjdkMZ dh ekax djrk gS rks og mlh Hkk"kk esa fn;k tk ldsxk ftl esa og miyCèk gS vkSj dsoy lwpuk dks iz'u mRrj dh n'kk esa ekaxs tkus ij fgUnh esa gh fn;k tk,xkA ¼izLrj 23] 24] 25] 34 ,oa 35½

JUDGMENT

Heard Arvind Vashisth, Advocate for the petitioner and Sri Vipul Sharma, Advocate for the respondents.

2. This writ petition has been filed by the High Court of Uttarakhand at Nainital through its Registrar General praying for a writ of certiorari to quash the order dated 9.11.2009 as well as order dated 3.12.2009 by which the State Information Commission has taken notice on the appeal filed under Section 19 of the Right to Information Act before it by respondent no. 3 and had issued notices to High Court and consequently directed the High Court to supply information sought by respondent no. 3 in ‘Hindi’ language.

3. The brief facts of the case are that respondent no. 3 sought three informations from the High Court vide his application dated 4.6.2009. The first information sought was as to whether certain persons (who have been named in the application, let us say, A, B, C, D, E, F, & G) have anything to do with the case no. 4774 (M/S) of 2001 (Old No. 11980 of 1991). The second information sought was as to whether the Administrative authorities and other authorities can interfere with an order of the High Court which was passed in the year 1991 and if they do so whether it would amount to contempt, etc. The third information sought was as to how much time does a case which is pending in a land dispute normally takes before it is decided by a High Court. This application was in Hindi and respondent no. 3 specifically requested vide a note in the application that the entire information should be given to him in “Hindi”.

4. However, there cannot be any dispute regarding the fact that the first information which was sought by respondent no. 3, as referred above, amounts to an “information” as defined Right to Information Act, 2005 and was therefore liable to be furnished by the High Court. The Public Information Officer of the High Court supplied this information, though not directly in a clear question answer form, as the Rules framed by the High Court provide but by stating that the list of memo of parties as amended in Writ Petition (M/S) No. 4774/2001 (Old No. 11980/1991) Smt. Rani Padma Devi and others v. State of Uttar Pradesh and other is being enclosed. All the same, whether this was the correct way of supplying the information is not an issue here. The relevant issue will be discussed shortly. The second information, prima facie, could not be given by the Public Information Officer of the High Court as it was more in the nature of an opinion. Regarding information no. 3 it was said that “no time is fixed”. All the same, what has to be noted here is that although the information was sought in Hindi, this information, was supplied by the Public Information Officer in “English”. Consequently, respondent no. 3 filed an appeal before the appellate authority. The main grievance of the applicant in his appeal was that the information has been given to him in “English” language though he has specifically requested that this should be given to him in “Hindi”. The Registrar (Judicial) of the High Court has been nominated as the appellate authority under the Act. The appellate authority after issuing notices to the parties heard the appeal and decided it vide his order dated 25.7.2009. The appeal has been dismissed on the ground that respondent no. 3 failed to show as to how the High Court is bound by the statute i.e. The Right to Information Act, 2005 to supply information in Hindi, even if it is specifically asked for, and since respondent no. 3 could not show any provision under the Right to Information Act, the request of respondent no. 3 to supply information in Hindi was held to be baseless and it was held that the appeal had no merit. Moreover, what has also clearly outweighed all other provisions of law in the mind of the appellate authority while dismissing this appeal was his clear cut view, which is reflected in his order, that the “language of the High Court is English”!, and he is not liable to supply “informa


































































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