The Delhi High Court disposed of a PI concerning the conformity of court RTI Rules with the RTI Act regarding fee structures and application formats, noting amendments addressing fee concerns.
Petition dismissed as issues regarding fees and poverty exemption were addressed by respondent via amended rules.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Versus
REGISTRAR GENERAL, DELHI HIGH COURT ..... Respondent Through: Mr.Rajiv Bansal, Adv.
CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE JAYANT NATH
O R D E R % 20.01.2016
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W.P.(C) 10599/2015
No.180/Rules/DHC dated 11.08.2006. So far as the Courts subordinate to High Court of Delhi are concerned, a different set of Rules, viz., Delhi District Courts (Right to Information) Rules, 2008 ( hereinafter referred to as the „District Court Rules‟) have been made vide notification No.162/Rules/DHC dated 06.05.2009.
" Rule 3 . Application for seeking information [Explanation:- For each information sought, separate application shall be made. However, where more than one information sought is consequential or related to one another, applicant will .be permitted to seek them in one application.]
(a) Any person seeking information under the Act shall file an application from 11 A.M. to 1 P.M. and 2 P.M. To 4 P.M. on a Court working day to the authorized person in Form A and deposit application fee as per Rule 10 with the authorized person;
(b) The authorized person shall duly acknowledge the application as provided in Form B.
Provided that a person who makes a request through electronic form shall ensure that the requisite fee is deposited in cash, Indian Postal Order, Demand Drafts, Pay Order with the authorized person within 15 days of his sending the request through the electronic form and through post, failing which his application shall be treated as dismissed.
Rule 10. Charging of application Fee - (i) The authorized person shall charge the fee at the following rates, namely:
(A) Application Fee
(i) Information not relating to 50 Rupees above. Rule 4(iv) per application. (ii) Information other 50 Rupees per than (i) above. application.
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(B) Other fees-
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“ 10(i)(A) Application Fee – 10 Rupees per application. ”
(II) The existing Rule 10.(i)(B) of the Delhi High Court (Right to Information) Rules, 2006 be replaced by the new Rule 10.(i)(B), in the following way:
“10(i)(B) Other fees –
Fee for providing information under –subsection (4) and subsections (1) and (5) of Section 7 of the Act shall be charged at the following rates, namely;-
(III) The new Rule 10.(i)C) be added after the above proposed new Rule 10.(i)(B), in the following way:
“10(i)(C) Exemption from Payment of Fee – No fee under rule 10(i)(A) and rule 10(i)(B) shall be charged from any person who is below poverty line provided a copy of the certification issued by the appropriate Government in this regard is submitted alongwith the application.”
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" (IV) The existing sub-rule (c) of Rule 4 of the Delhi District Courts (Right to Information) Rules, 2008 be replaced by new sub-rule (c) of Rule 4, in the following way:
“4(c) Fee for providing information under sub-section (4) of Section 4 and sub-sections (1) and (5) of Section 7 of the Act shall be charged at the following rates, namely:-
(i) rupees two for each page in A-3 or smaller size paper;
(ii) actual cost or price of a photocopy in large size;
(iii) actual cost or price for samples or models;
(iv) no fee for inspection of records for the first hour of inspection and a fee of rupees 5 for each subsequent hour or fraction thereof; and
(v) so much of postal charge involved in supply of information that exceeds fifty rupees.”
(V) The existing sub-rule (d) of Rule 4 of the Delhi District Courts (Right to Information) Rules, 2008 be replaced by the new sub-rule (d) of Rule 4, in the following way:-
“4(d) Fee for providing information under sub-section (4) of Section 4 of Section 4 and sub-sections (1) and (5) of Section 7 of the Act shall be charged at the following rates, namely:-
(i) Rupees fifty per diskette;
(VI) The existing sub-rule (g) of Rule 4 of the Delhi District Courts (Right to Information) Rules, 2008 be replaced by the new sub-rule (g) of Rule 4, in the following way:
4.(g) No fee under sub-rule (a), sub-rule(c) and sub-rule(d) of rule 4 shall be charged from any person who is below poverty line provided a copy of the certificate issued by the appropriate Government in this regard is submitted along with the application.”
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recommendations made by the Committee in its meeting dated 02.09.2015, the petition was adjourned from 18.11.2015 to 20.01.2016.
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CHIEF JUSTICE
JAYANT NATH, J
JANUARY 20, 2016 /pmc
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2 issues framed by the court
Whether Rule 3 of the Delhi High Court RI Rules requiring separate applications for each information sought conflicts with the RTI Act.
Whether the prescribed application fees under Rule 10 and the lack of exemption for Below Poverty Line persons under the High Court Rules are lawful.
5 provisions across 5 enactments
Aastha Sharma & Ors
Registrar General, Delhi High Court
Jayant Nath
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
