Delhi HC urges Centre to create framework to furnish RTI information in electronic modes

The Delhi High Court on Wednesday granted three months’ time to the Centre to take a decision on putting a framework in place for furnishing information under RTI in electronic mode. Hearing a public interest litigation(PIL), the division bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela noted that an adequate framework is required to ensure information as sought and in the mode sought, is given to the seeker under the RTI.

Disposing the PIL filed by one Aditya Chauhan and another, the bench recorded, “We are of the opinion that an adequate framework may be put in place to make the information seeker realise the true purport of the rights under RTI Act, 2005…We dispose of the petition with the directions to the appropriate department in the Union of India to consider these aspects and take appropriate measures by framing rules to ensure that information as sought is given to the seeker in the mode sought with adequate safety measures as per the RTI provisions…a decision shall be taken by the government of India within three months.”

Chauhan, in his PIL, highlighted that even though the RTI Act allows for providing details in electronic form, the public information officers (PIO) and other authorities are not disclosing information through email or pen drives. It was also highlighted that the 2012 RTI Rules lacked the framework to ensure that information sought can be provided through electronic modes.

The bench noted that a conjoint reading of various provisions of the RTI Act establishes that any information sought under the RTI Act has to be provided in all possible modes, including emails and pen drives, subject to the fact that it would not disproportionately divert the resources of the public authority and it does not prove detrimental to the safety or preservation of the record.