When mechanism is provided in HC rules to get certified copy, the provisions of RTI cannot be invoked; SC.

Supreme Court of India

Justice R Banumathi, Justice A S Bopanna & Justice Hrishikesh Roy

The SC {CHIEF INFORMATION COMMISSIONER v. HIGH COURT OF GUJARAT AND ANOTHER } holds that the information to be accessed/certified copies on the judicial side to be obtained through the mechanism provided under the High Court Rules, the provisions of the RTI Act shall not be resorted to. Further held that Rule 151 of the Gujarat High Court Rules stipulating a third party to have access to the information/obtaining the certified copies of the documents or orders requires to file an application/affidavit stating the reasons for seeking the information, is not inconsistent with the provisions of the RTI Act; but merely lays down a different procedure as the practice or payment of fees, etc. for obtaining information. In the absence of inherent inconsistency between the provisions of the RTI Act and other law, overriding effect of RTI Act would not apply. 

In the present case, the point falling for determination was as regards the right of a third party to apply for certified copies to be obtained from the High Court by invoking the provisions of Right to Information Act without resorting to Gujarat High Court Rules prescribed by the High Court.