A Bench led by Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala, set the notice returnable by October 21.
NEW DELHI: The Supreme Court on Monday(23rd Sept) issued notices to all States and Union Territories in response to a contempt of court petition that claims non-compliance with the directive to establish online Right to Information (RTI) portals.
A Bench led by Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala, set the notice returnable by October 21.
“Issue notice to the States and Union Territories, with permission to serve the standing counsels. Personal appearance is not required at this stage.”
The Court issued an interim order in response to a contempt petition filed by Anuj Nakade.
Nakade argued that seven States and four Union Territories have yet to establish online RTI portals, despite the Supreme Court’s March 2023 directive to do so within three months.
The States and UTs listed in the petition are:
- Andhra Pradesh
- Jharkhand
- Manipur
- Nagaland
- Sikkim
- West Bengal
- Arunachal Pradesh
- Andaman and Nicobar Islands
- Daman and Diu and Dadra and Nagar Haveli
- Jammu and Kashmir
- Lakshadweep
The petition also claimed that, in States where RTI portals have been created, many do not adhere to the accessibility and usability standards as per the Guidelines for Indian Government Websites and Apps 3.0. Furthermore, several public authorities have not been integrated into these portals.
After reviewing the submissions, the Court directed all States and Union Territories to respond by October 21.
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The bench observed that while the Supreme Court had already launched its online portal for filing RTI applications related to the Court, many High Courts had yet to establish such online RTI portals.
While delivering the order, Chief Justice of India DY Chandrachud stated:
“Section 6(1) of the RTI Act, 2005, allows individuals to request information under the Act either physically or electronically. This provision grants RTI applicants the statutory right to submit applications via electronic means. Although the RTI Act has been in place since 2005, some High Courts still have not operationalized online portals, even after 17 years. The High Courts of Madhya Pradesh, Delhi, and Orissa have already set up web portals. All High Courts must establish these portals within three months. We request the Registrar Generals to seek administrative guidance from the Chief Justices of the High Courts. The NIC will provide the necessary logistical and technical support. The petition is disposed of.”
The petitioner was represented by Advocate-on-Record (AoR) N Sai Vinod, along with advocates Madhav Aggarwal and Kanu Garg.
Case Title: Anuj Nakade v Dr. Poonam Malakondaiah Govt. of Andhra Pradesh & Ors.
