RTI Applicant Not Conversant With Language Of Info Can't Be Accompanied By 'Third Party' To Inspect Records: Gujarat High Court

The Gujarat High Court recently observed that if an RTI applicant seeking certain information is not conversant with the language or the contents of the information sought, then permitting another person accompanying the applicant during inspection of records would prima facie amount to providing information to a third party. 

In doing so the court permitted an RTI applicant to inspect the records he had sought for while clarifying that nobody else shall be permitted to accompany the applicant during the inspection. 

It was alleged that the petitioner RTI applicant had visited the office of Nagdala Gram Panchayat along with six to seven persons and insisted that the Talati-cum-Mantri show the records to all the accompanying persons with respect to the information he had sought for. As the Talati-cum-Mantri refused to accede to such demand, it was alleged that the petitioner and the persons accompanying him misbehaved with the lady Talati-cum-Mantri.

It was further recorded that when the lady employee started recording the incident on her mobile phone and informed them that the police would be called, they left the office after allegedly threatening her. Taking note of the aforesaid facts and the conduct of the petitioner, the concerned authority dismissed the petitioner's second appeal against denial of information.

Thereafter the petitioner filed an affidavit that he will conduct himself in a cordial and courteous manner while visiting the office of the RTI Officer for the purpose of receiving the information sought. It further stated that the petitioner shall be accompanied by person conversant with the contents and language of the information so provided.

Justice Nirzar S Desai in his order said: 

"Considering the aforesaid facts, if the petitioner himself is not conversant with the language or the contents of the information sought, prima facie, permitting another person to accompany him during the inspection would, in effect, amount to providing the information to a third party. This gives rise to a prima facie impression that the petitioner is merely acting as a pawn for such third party, which is not the object or purpose of the Right to Information Act.
However, in view of the assurance given by the petitioner by way of the affidavit cum-undertaking, and considering that the petitioner was denied inspection of the records on account of his alleged misbehaviour with the concerned officer, the impugned order dated 08.04.2026 is hereby quashed and set aside. It is, however, clarified that the petitioner shall be permitted to inspect the records only if he himself undertakes the inspection and does not insist upon any other person accompanying him during such inspection. No information shall be furnished or inspection permitted unless the petitioner personally inspects the records without the presence of any accompanying person".

The court directed the concerned authority directed to permit the petitioner to inspect the records and thereafter provide the information sought by the petitioner within a period of one month.

The court further clarified that the petitioner shall be permitted to inspect the records, and no other person shall be allowed to accompany the petitioner inside the office of the concerned respondent.

Upon completion of the inspection, the petitioner shall be provided with photocopies of such documents as he specifically seeks from the records inspected, upon payment of the prescribed charges, the court added. 

The plea was disposed of. 

Case title: VALA JODHUBHAI GOLANBHAI v/s  RTI OFFICER & ORS.

R/SPECIAL CIVIL APPLICATION NO. 9928 of 2026

Appearance:

THAKKAR AND PAHWA ADVOCATES(1357) for the Petitioner(s) No. 1

MR SHIVANG M SHAH(5916) for the Respondent(s) No. 3

Click Here To Read/Download Order