Gauhati High Court Directs State To Enrol Public Information Officers, Other Departments On RTI Portal

The Gauhati High Court recently directed the State Authorities to complete the process of enrolling the Public Information Officers (PIOs) and the other Departments on the online RTI Portal, who have not enrolled to date, and also to make a provision expeditiously for uploading the supporting documents as directory instead of mandatory.

The division bench comprising Chief Justice Vijay Bishnoi and Justice N. Unni Krishnan Nair was hearing a PIL raising a concern that the State authorities have not complied with the order dated March 20, 2023, passed by the Supreme Court in Pravasi Legal Cell v. Union of India & Ors. WP(C) No.1040/2019.

The petitioner further sought a direction to the Gauahti High Court to form an e-committee to introduce the online portal system in the subordinate judiciary in the State of Assam.

It was further prayed that the respondents be directed to introduce the online RTI portal system in the State of Assam and be also directed to implement the mandate and obligation of Section 4 of the Right to Information Act, 2005 (RTI Act).

The petitioner-in-person submitted that certain Public Information Officers (PIOs) and Departments have not enrolled for the online portal to date.

The Counsel appearing for the State submitted that around 85 percent of the PIOs and Departments have already enrolled, and the rest are under the process of enrolment.

The petitioner further submitted that so far as the necessity of uploading the supporting documents is concerned, the respondents have assured that the condition of uploading of supporting documents would be made as directory and not mandatory.

“In view of the fact that the issues highlighted by the petitioner-in person have more or less been resolved by the respondents, we are of the view that no further direction is required to be passed in this PIL petition. However, the State is directed to complete the process of enrolling the Public Information Officers and the other Departments, who have not enrolled till date, and also to make a provision expeditiously for uploading the supporting documents, as directory instead of mandatory. The State shall also make every endeavour to implement the mandate of Section 4 of the Right to Information Act, 2005,” the Court observed.

Accordingly, the Court disposed of the PIL in the above-mentioned terms.

Case Title: Reetam Singh v. The State of Assam & 4 Ors.

Case No.: PIL/30/2024