Copies Of 'A' Diary Of Civil And Criminal Postings In Courts Cannot Be Obtained Under RTI Act: Kerala High Court

The Kerala High Court recently, while dismissing a writ petition, held that copies of 'A' diary of civil and criminal postings in the courts could not be obtained under the Right to Information Act. Justice Murali Purushothaman observed that since copies of 'A' diary of civil and criminal posting of cases can be obtained by filing applications under rules made by the High Court, the provisions of the RTI Act shall not be restored. Since the copies of ''A' diary of civil and criminal postings of the cases can be obtained by the petitioner on filing applications under the Rules of Practice, the provisions of the RTI Act shall not be resorted to.The petitioner had filed an application under the Right to Information Act, 2005 before the Public Information Officer seeking copies of 'A' diary of civil and criminal postings of cases between December 2021 and April 2022, which was rejected, stating that the information sought for can be obtained on submitting copy application and that the information is also available in the website of the Court, court notice board and in the Kiosk of the district court.The appeal preferred by the petitioner under Section 19(2) of the RTI Act before the Appellate Authority was also rejected, citing that the information sought by the petitioner relates to judicial proceedings and the High Court as per Rule 12 of the Right to Information (Subordinate Courts and Tribunals) Rules, 2006 has directed all Subordinate Courts in the State that no information relating to any Judicial Proceedings shall be disclosed under the said Act.The Petitioner, Advocate M. P. Chothy, aggrieved by this, filed a writ petition and sought to quash Rule 12 of the Right to Information (Subordinate Courts and Tribunals) Rules, 2006, contending that the said provision is in violation of the fundamental right of the petitioner guaranteed under Article 19(1)(a) of the Constitution of India and the provisions of the Act. When the matter came before the Court, after considering the provisions of the rule, the Court observed that the provisions of the Right to Information (Subordinate Courts and Tribunals) Rules, 2006 are in pari materia with the Kerala High Court (Right to Information) Rules, 2006 framed by the High Court in the exercise of the powers conferred under sub-section (1) of Section 28 of the RTI Act and the copies of ''A' diary of civil and criminal postings of the cases' requested by the petitioner relates to judicial proceedings and such application for information cannot be entertained under the Rules.The Court taking into note that the PIO had informed the petitioner that the information sought by him is available on the website of the Court and relying on the Apex Court decision in Chief Information Commissioner v. High Court of Gujarat and another in which the Court had held that when the information can be obtained through the mechanism provided under the rules made by the High Court, the said mechanism should be preserved and followed, and the provisions of the RTI Act shall not be resorted to, the Court observed that since the copies of 'A' diary of civil and criminal postings of the cases can be obtained by the petitioner on filing applications under the Rules of Practice, the provisions of the RTA Act shall not be resorted to. The Court observed that it is in the exercise of the powers conferred under sub-section (1) of Section 28 of the RTI Act read with Article 235 of the Constitution of India the High Court of Kerala has made the Right to Information (Subordinate Courts and Tribunals) Rules, 2006 in respect of Courts subordinate to the High Court and the Motor Accidents Claims Tribunals. Furthermore, since Criminal Rules of Practice and the Civil Rules of Practice provide for provisions for the grant of copies of any proceedings or documents filed or in the custody of the Court, the High Court, under Rule 12 of the Right to Information (Subordinate Courts and Tribunals) Rules, 2006, has provided that no application for information or document relating to any judicial proceedings held by and under the control of the public authority, shall be entertained by the PIO. Thereby, the Court held that the three rules made by the High Court, i.e., the Criminal Rules of Practice, Kerala, 1982, the Civil Rules of Practice, Kerala 1971 and Right to Information (Subordinate Courts and Tribunals)Rules 2006, provide for the mode of furnishing information and are consistent with the provisions of the RTI Act. The Apex Court, in its previous decisions, had observed that the Right to Information is not absolute and is subject to the conditions and exemptions under the Act. Therefore, since the petitioner was informed that the copies ''A' diary of civil and criminal postings of the cases' can be obtained on filing copy applications, the Court held that there is no denial or refusal of information, and none of the fundamental rights of the petitioner has been infringed.Thereby, Court accordingly dismissed the ...

Copies Of 'A' Diary Of Civil And Criminal Postings In Courts Cannot Be Obtained Under RTI Act: Kerala High Court

Athira Prasad

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