Delhi High Court To Centre

The Delhi Excessive Court docket on Wednesday directed the competent authority of the Union Authorities to take measures and challenge instructions of body Guidelines to make sure that the knowledge below the Proper to Data Act (2005) is offered within the mode sought by the knowledge seeker, whereas additionally making certain sufficient security measures.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela directed the competent authority of the Authorities of India to take a choice on the difficulty inside three months.

The Court docket disposed of a public curiosity litigation filed by one Aditya Chauhan and one other particular person, elevating concern in respect of data offered by the general public data officers and different involved authorities below the RTI Act in trendy digital modes resembling emails and pendrives.

It was the petitioners’ case that although the RTI Act accommodates sufficient provisions conferring the best to hunt data in digital modes, nonetheless, the PIOs and authorities will not be offering the identical in current say continuously used modes resembling emails and pendrives.

It was additionally contended that the RTI Guidelines of 2012 lack the requisite framework in order to make sure that the knowledge sought is offered in trendy digital modes.

The plea thus sought a path {that a} mechanism be developed in order that the knowledge below RTI Act is offered in all attainable digital modes, together with emails and pendrives.

The counsel showing for the Union Authorities drew Court docket’s consideration to the definition of the time period “proper to data” below Part 2(j) of RTI Act and submitted that the time period consists of the best to acquire data not solely within the type of floppies, discs or video cassettes and so forth but in addition in different digital modes the place such data is shops in any pc or another system.

The Court docket additionally perused the supply and located that the phrases “proper to data” consists of the best to acquire data in different digital modes as properly.

The Bench additional took notice of Part 4(4) of the enactment and mentioned that it states that the fabric shall be disseminated taking into account varied points together with only technique of communication.

It additional famous Part 7(9) of RTI Act which states that an data shall ordinarily be offered within the type by which it’s sought except it might disproportionately divert the assets of the general public authority or can be detrimental to the security or preservation of the report in query.

The Court docket noticed {that a} conjoint studying of all of the provisions set up that any data sought below the RTI Act must be offered to the knowledge seeker in all attainable digital modes, together with emails and pendrives.

Nonetheless, it added that such a proper has been conferred with a caveat that the knowledge shall be offered within the type it’s sought except it might disproportionately divert the assets of the general public authority or can be detrimental to the security or preservation of the report.

“From the aforesaid, we’re satisfied that ordinarily the knowledge sought below the RTI Act shall be offered to the knowledge seeker within the mode it’s sought. Nonetheless the identical is topic to 2 situations as offered below Part 4(4) and seven(9) of RTI Act,” the Court docket mentioned.

It added that the RTI Guidelines don’t deal with a scenario the place the RTI data is sought in a selected mode resembling electronic mail or pendrive.

“Accordingly, we’re of the opinion that an sufficient framework could also be put in place to make the knowledge seeker notice the true purport of the rights below RTI Act, 2005. Accordingly, we eliminate the writ petition with a path to respondent no. 2 (competent authority of Authorities of India) to take measures by issuing instructions or framing Guidelines or any legally permissible means to make sure that the knowledge as sought below RTI Act is offered to the knowledge seeker within the modes by which he intends to acquire the knowledge with sufficient security measures as enumerated below Part 4(4) and seven(9) of RTI Act,” the Court docket mentioned.

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