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Gujarat HC directs its officer to furnish details to lawyer under RTI after 11 years

Team SoOLEGAL 3 Jul 2018 5:30pm

Gujarat HC directs its officer to furnish details to lawyer under RTI after 11 years

The Gujarat High Court dismissed its own petition challenging the Gujarat Information Commission’s order to furnish details demanded by a lawyer under the Right to Information Act (RTI), eleven years ago.

The HC bench headed by Justice AJ Desai disposed of the petition, wherein the HC authorities had challenged the directions issued to the court by the commission to provide, advocate Kamlesh Bhavsar, information relating to the appointment of judges to the Gujarat judiciary since 1990.

Justice Desai also directed its public information officer (PIO) to supply the details to the applicant as requested.

Case Background:

Eleven years ago, advocate Bhavsar has sought details regarding judicial appointments under the RTI from the Gujarat HC.

Following this, PIO provided information about corruption charges against judicial officers and about their convictions within the deadline.

However, the PIO declined Bhavsar's request to supply information regarding the “names of all the judges – from the rank of judicial magistrate first class in the lower courts to the justices of the high court – appointed between 1990 and 2007”.

The PIO told Bhavsar that collecting the details requested by him would take more time. Further the PIO told the lawyer, that he would furnish the details about the appointments once he got the details.

After PIO's refusal, to supply information, citing delays in collating the details, Bhavsar filed an application before the Gujarat Information Commission, seeking HC PIO response about his grievance.

When the commission questioned the HC's PIO regarding the appeal, he explained his position and sent the details that had been gathered to the commission to be supplied to the lawyer.

The commission then ordered the PIO to provide the information to the lawyer. However, commission’s order did not go down well with the HC authorities. And the High Court Registry challenged the state information commission's order in 2011. 

Tagged: Gujarat Information Commission   RTI   Gujarat HC   Public Information Officer   Judicial Appointments   High Court Registry  
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