IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S).1966-1967 OF 2020
(Arising out of SLP(C) No.5840 of 2015)
CHIEF INFORMATION COMMISSIONER …..Appellant
VERSUS
HIGH COURT OF GUJARAT AND
ANOTHER …..Respondents
J U D G M E N T.
42. We do not find any merit in the above submission and that
such cumbersome procedure has to be adopted for furnishing the
information/certified copies of the documents. When there is an
effective machinery for having access to the information or obtaining
certified copies which, in our view, is a very simple procedure filing of an application/affidavit with requisite court fee and stating
the reasons for which the certified copies are required, we do not
find any justification for invoking Section 11 of the RTI Act and adopt
a cumbersome procedure. This would involve wastage of both time
and fiscal resources which the preamble of the RTI Act itself intends
to avoid.
43. We summarise our conclusion:-
(i) Rule 151 of the Gujarat 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.
(ii) 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.
44. In the light of aforesaid reasonings, the impugned order dated
13.03.2014 passed by the High Court of Gujarat at Ahmedabad in
Letters Patent Appeal No.1348 of 2013 is confirmed and these
appeals are dismissed. We place on record the valuable assistance
rendered by Mr. Atmaram N.S. Nadkarni as amicus.
..…………………….J.
[R. BANUMATHI]
..…………………….J.
[A.S. BOPANNA]
..……………………….J.
[HRISHIKESH ROYNew Delhi;
March 04, 2020.
