[Commons-Law] SC refuses to interfere with HC order on RTI fees

[Prashant Iyengar]

http://www.indianexpress.com/printerFriendly/305880.html

SC refuses to interfere with HC order on RTI fees

Tannu Sharma

Posted online: Tuesday, May 06, 2008 at 2356 hrs IST

NEW DELHI, MAY 5
Observing that high courts are "empowered and well within their
jurisdiction" to frame rules with regard to the implementation of the
Right to Information (RTI) Act, the Supreme Court on Monday refused to
interfere with the Allahabad High Court's decision of levying Rs 500
as fees for seeking any information under the Act.

Chief Justice of India K G Balakrishnan and Justice M K Sharma hearing
a petition filed by an NGO, Lok Prehri, refused to issue any direction
for setting aside or quashing the HC order.

Contending that such an "hefty amount" charged as fees under the RTI
Act was illegal, perverse and bad in law, S N Shukla who appeared for
the petitioner said, "It virtually amounts to negating the Right to
Information Act."

The NGO in its application filed before the high court in July 2006
had sought two details from the court -- number of cases disposed of
and information on administration of cases.

The Supreme Court was told that the high court had declined to part
with the information and an appeal was subsequently filed with the
State Information Commission in September 2006.

Meanwhile, the full bench of the high court came out with the rule
specifying that for every information, a separate application has to
be filed with the fee of Rs 500, the NGO claimed.

Finding no infirmity with the high court decision, the CJI, speaking
for the bench, observed, "We cannot interfere in the rules framed by
the High Court. They are empowered to do so."