Ensure RTI Information Is Provided In Modes Sought, With Adequate Safety Measures: Delhi High Court To Centre

The Delhi High Court on Wednesday directed the competent authority of the Union Government to take measures and issue directions of frame Rules to ensure that the information under the Right to Information Act (2005) is provided in the mode sought by the information seeker, while also ensuring adequate safety measures.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela directed the competent authority of the Government of India to take a decision on the issue within three months.

The Court disposed of a public interest litigation filed by one Aditya Chauhan and another individual, raising concern in respect of information provided by the public information officers and other concerned authorities under the RTI Act in modern electronic modes such as emails and pendrives.

It was the petitioners' case that though the RTI Act contains adequate provisions conferring the right to seek information in electronic modes, however, the PIOs and authorities are not providing the same in present say frequently used modes such as emails and pendrives.

It was also contended that the RTI Rules of 2012 lack the requisite framework so as to ensure that the information sought is provided in modern electronic modes.

The plea thus sought a direction that a mechanism be evolved so that the information under RTI Act is provided in all possible electronic modes, including emails and pendrives.

The counsel appearing for the Union Government drew Court's attention to the definition of the term “right to information” under Section 2(j) of RTI Act and submitted that the term includes the right to obtain information not only in the form of floppies, discs or video cassettes etc but also in other electronic modes where such information is stores in any computer or any other device.

The Court also perused the provision and found that the terms “right to information” includes the right to obtain information in other electronic modes as well.

The Bench further took note of Section 4(4) of the enactment and said that it states that the material shall be disseminated taking into consideration various aspects including most effective method of communication.

It further noted Section 7(9) of RTI Act which states that an information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.

The Court observed that a conjoint reading of all the provisions establish that any information sought under the RTI Act has to be provided to the information seeker in all possible electronic modes, including emails and pendrives.

However, it added that such a right has been conferred with a caveat that the information shall be provided in the form it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record.

“From the aforesaid, we are convinced that ordinarily the information sought under the RTI Act shall be provided to the information seeker in the mode it is sought. However the same is subject to two conditions as provided under Section 4(4) and 7(9) of RTI Act,” the Court said.

It added that the RTI Rules do not address a situation where the RTI information is sought in a particular mode such as email or pendrive.

“Accordingly, we are of the opinion that an adequate framework may be put in place to make the information seeker realize the true purport of the rights under RTI Act, 2005. Accordingly, we dispose of the writ petition with a direction to respondent no. 2 (competent authority of Government of India) to take measures by issuing directions or framing Rules or any legally permissible means to ensure that the information as sought under RTI Act is provided to the information seeker in the modes in which he intends to obtain the information with adequate safety measures as enumerated under Section 4(4) and 7(9) of RTI Act,” the Court said.

Title: Aditya Chauhan & Anr v. Union of India & Anr