केन्द्रीय सचू ना आयोग Central Information Commission बाबा गंगनाथ माग,ग मनु नरका

Baba Gangnath Marg, Munirka नई दिल्ली, New Delhi – 110067 निकायत संख्या / Complaint No. CIC/GUJHC/C/2025/103135 Shri Subhash Chandra Agrawal. निकायतकताग /Complainant VERSUS/बनाम PIO …प्रनतवािीगण /Respondent Gujarat High Court Date of Hearing : 14.07.2025 Date of Decision : 30.07.2025 Chief Information Commissioner : Shri Heeralal Samariya Relevant facts emerging from complaint:

RTI application filed on : 01.01.2025 PIO replied on : 21.01.2025 First Appeal filed on : NA First Appellate Order on : NA

2^ndAppeal/complaint received on : 27.01.2025 Information sought and background of the case:

The Complainant filed an RTI application dated 01.01.2025 seeking information on following points:-

“1. Strength of judges in Supreme Court and different High Courts

2. Number of judges in Supreme Court and different High Courts

3. Complete information on steps taken to fill vacancies of judges in High Courts according to sanctioned strength

4. Complete information on constituting 23rd Law Commission

5. Number of cases (a) pending (b) disposed (c) filed in Supreme Court respectively in last five years separately for each year

6. Number of cases (a) pending (b) disposed (c) filed in different High Courts respectively in last five years separately for each year

7. Number of cases (a) pending (b) disposed (c) filed in Lower Courts respectively in last five years separately for each year

8. Total capacity for prisoners combined in all Indian jails as at present

9. Total number of prisoners (a) convicted (b) under-trials in India as at present

10. Total number of under-trial prisoners in India as at present whose lodging in jails have exceeded the maximum imprisonment-punishment for the crimes for which they are in jails as under-trials

11. Complete information on steps taken to remove such ambiguity as referred in query (10) above

12. Complete information on steps taken for fast trials in courts mentioning details of ten old pending court cases in India”

The APIO vide letter dated 21.01.2025 replied as under:-

“With reference to the subject noted above, I am directed by the Public Information Officer to state that, you have made an application without paying application fees. However, as per Rule 8(1) (A) (ii) of "The Gujarat High Court (Right to Information) Rules, 2005, an RTI application attracts a fees of Rs.50/-.

You are therefore, hereby informed to pay within 15 days from the date of receipt of this letter, application fees of Rs.50/- failing which your application shall be liable to be disposed of as not pressed. Application fees may be remitted by way of Court Fees Stamp/Demand Draft/ Cheque/ Money Order / Indian Postal Order, in favour of "Registrar, Gujarat High Court".”

Aggrieved and dissatisfied, the Complainant approached the Commission with the instant Complaint.

Written submission dated 04.07.2025 has been received from the CPIO and same has been taken on record for perusal. The relevant extract whereof is as under:

“..We have received notice of hearing regarding case of Mr.

Subhash Chandra Agrawal of Delhi from the Central Information Commission on 30/06/2025. However, as per Point No. 4(a), written submissions are to be submitted to the Chief Information Commission before the date of hearing. In the present case date of the hearing is 14/07/2025. In this regard, I respectfully submit written submissions on behalf of PIO of this High Court:

(1) It is submitted that, the Appeal filed by the Appellant/Original Applicant 15 not maintainable as the contentions raised by the Appellant/Original Applicant is not true and proper as per Rule.

(2) It is submitted that the undersigned do not admit the averments and submissions put forth by the appellant save and except those that may specifically be admitted by the undersigned hereinafter. That not dealing with any specific averment or submission should not be construed as acceptance of the same.

(3) It is submitted that, an RTI Applicat