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RTI Act: court officials told to give out document

Special Correspondent

Official told to provide document withing 15 days
Rule 12 of High Court Rules dubbed ‘invalid’

KOCHI: The Kerala State Information Commission has, in a unique decision, asked the Kerala High Court to provide the document an information-seeker has asked for under the Right to Information Act.

In a recent order, Chief Information Commissioner Palat Mohandas and Information Commissioner P.N. Vijayakumar asked the court’s public information officer to provide the copy of a writ petition for free to the applicant within 15 days.

The commission also dubbed invalid Rule 12 of the Kerala High Court (Right to Information) Rules 2006. It said Rule 12 was “a total negation of the right of a citizen and (the) declaration of the Act that ‘All citizens shall have the right to information’.”

Rule 12 says: “No application for information or document relating to any judicial proceedings shall be entertained under these rules.” It was quoting this rule that the High Court’s public information officer and the appellate authority, the registrar-general, had rejected the request for the copy of a writ petition made by A. Ibrahim Kunju of Vadavadichira in Alappuzha district.

Challenging the contentions of the High Court officials, Mr. Kunju, in his appeal to the commission, argued that the Right to Information Rules framed by the High Court was invalid as they were inconsistent with the Right to Information Act.

The commission noted the court officials’ contention that there were alternative ways for the applicant to obtain the document he had sought, and commented that it was up to the applicant to choose his option. “The Right to Information Act (is) not shutting out the alternative remedies available to the requester,” the commission said. “But it (is) up to the requester to avail himself (of) the option as provided; and, when he had chosen to seek information under the Right to Information Act 2005, it could not have been disallowed.”

The commission’s decision is said to be the first time that a State Information Commission has challenged the Rules framed by a High Court regarding handing out of court documents sought under the Right to Information Act.

A writ appeal challenging Rule 12, 13, 15(2) and 16 of the Kerala High Court (Right to Information) Rules 2006 and the Right to Information (Subordinate Courts and Tribunals) is currently under the consideration of a Division Bench of the High Court.

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