On Jan 21 2008 The Supreme Court of India declined to entertain a petition seeking uniform rules for all the high courts for dealing with the RTI applications.
The court did not agree with the contention that different rules adopted by the high courts was defeating the objective of the Right to Information Act which aimed at bringing out transparency in state’s functioning.
“We cannot give general directions to the high courts for framing rules in this regard. It is the prerogative of the high courts to frame rules,” a bench headed by the Chief Justice of India, Mr Justice K G Balakrishnan said.
“We do not have supervisory jurisdiction over the high courts,” the bench, also comprising Mr Justice R V Raveendran and Mr Justice Dalveer Bhandari, said, adding that “each High Court is an individual body and you cannot have a wholesale direction”.
The PIL filed by an NGO, Public Cause Research Foundation, had contended that rules framed by the high courts were not in consonance with the purpose of the Act.
The bench did not accept the submission of advocate Ms Kamini Jaiswal that since the high courts are arms of the apex court, it can pass a direction to them for framing a uniform guideline for dealing with the RTI applications.
“The high courts are not our subordinate,” it said.
Further, the bench said the rules framed by the High Court can be challenged on its judicial side.
“We cannot say that High Court should frame rules,” it said.
Realising that the court was not inclined to entertain the PIL, the advocate preferred to withdraw the petition.
Source: PTI
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