High Courts repeatedly staying RTI orders, Information Commissioners write to CJI

  • Gautam Mishra
  • 03:55 PM, 14 Sep 2021

Information Commissioners have written to the Chief Justice of India NV Ramana requesting to consider treating the letter as a suo moto PIL stating that several High Courts are staying the orders of the Commissions and RTI authorities without any explanation for the same.

The letter written by former and present Information Commissioners said, "Many High Courts stay orders of Information Commissioners where no reasons are given either in the petition or in the orders describing how the challenge would fall under the writ jurisdiction of the Court."

The letter states that the stay on the orders is in violation of Section 23 of the Right to Information Act, 2005 which states that “No court shall entertain any suit, application or other proceedings in respect of any order made under this act and no such order shall be called in question otherwise than by way of an appeal under this act.”

"Article 226 (3) of the constitution clearly lays down that where a stay has been obtained without the participation of the respondents, the High Court shall dispose of the application within a period of two weeks from the date on which the petition for vacation of the stay is made. If this is not done, the stay stands vacated. This is not being implemented across the nation. We request the apex court to reiterate this point," the Commissioners added.

The letter has further sought direction to the courts to give reasons how the challenge falls in the writ jurisdiction of the High Courts.