The Bombay High Court, on Wednesday, made a significant call for the Maharashtra State Information Commission (SIC) to establish a reasonable time limit for the expedited disposal of second appeals and complaints filed under the Right to Information (RTI) Act, 2005. The division bench, comprising Justice Devendra Upadhyaya and Justice Arif Doctor, directed the SIC to formulate norms for more efficient functioning once its vacancies are filled, targeted to be accomplished by the first week of February 2024.
The court highlighted the need for the SIC to evolve and implement certain norms for efficient functioning, particularly emphasizing the establishment of a reasonable time limit for the disposal of second appeals under the RTI Act. The directive included placing a copy of the court order before the SIC to prompt the necessary actions. The court's stance reflected an awareness of the delays in the disposal of second appeals, causing frustration among information seekers, as raised in a Public Interest Litigation (PIL) filed by former Chief Information Commissioner Shailesh Gandhi and a group of RTI activists.
The PIL underscored the protracted duration taken for the disposal of second appeals and advocated for a structured and time-bound resolution mechanism to address the grievances of those seeking information under the RTI Act. Drawing attention to the Calcutta High Court's suggestion of a 45-day time limit for the disposal of second appeals, similar to that for the disposal of first appeals, the petitioner highlighted the stances of other high courts, including Madras HC, Bombay HC, and J&K HC, which had earlier sought a roadmap for the disposal of the second appeal.
The court noted the existing statutory time limit of 45 days for first appeals but observed the absence of such a time limit for the disposal of second appeals. Chief Justice Upadhyaya stressed the importance of having some reasonable time limit, even in the absence of a statutory frame. The court was informed that all vacancies in the SIC, including those of the Chief Commissioner and other Commissioners, would be filled by the first week of February 2024, after which the Commission would operate with a full roster.
Acknowledging the imperative for the efficient functioning of the Commission and the desirability of early disposal of appeals and complaints, the court directed the SIC to take appropriate steps to formulate a reasonable time limit. It emphasized the need for the SIC to report on the steps taken in compliance with the court order by the next hearing scheduled for March 6, 2024.
In summary, the Bombay High Court's directive to the SIC marks a significant move towards enhancing the efficiency of the disposal of second appeals under the RTI Act. The court's recognition of the delays and frustration among information seekers underscores the importance of establishing a structured and time-bound resolution mechanism, and the upcoming filling of vacancies in the SIC presents an opportune moment for implementing such reforms. The court's active involvement and follow-up through scheduled hearings demonstrate a commitment to ensuring timely and efficient information access under the RTI Act.
TAGS: Bombay High Court Maharashtra State Information Commission RTI Act second appeals complaints
