CPIO QUOTES SEC 8(C) OF RTI ACT, 2005 WHICH PROHIBITS DISCLOSURE OF INFORMATION WHICH WOULD CAUSE A BREACH OF PRIVILEGE OF PARLIAMENT OR STATE LEGISLATURE
Sanjay Mishra/Chandigarh —
The supply of copies of Statutory Rules as made by Punjab & Haryana High Court under Section 21 of Family Courts Act, 1984 as well as Statutory Rules made by UT Chandigarh Administration under Section 23 of the ibid Act cannot be supplied under Right to Information Act, 2005 since it is covered under Section 8(c) the RTI Act, 2005, a
Central Public Information Officer (CPIO) in UT Chandigarh Home Department has recently responded to an RTI application.
Last month on 2 March 2023, Hemant Kumar, an Advocate at Punjab & Haryana High Court filed an online RTI application with Law and Prosecution Department of UT Chandigarh Administration seeking complete information along with attested photo copies pertaining to all the correspondence made by the UT Chandigarh Administration with the Punjab and Haryana High Court with respect to the establishment of Family Court in Chandigarh after the Central Government appointed 16 February 2015 as the date on and from which the Family Courts Act, 1984 come into force in UT Chandigarh.
Also, Hemant sought copies of the Statutory Rules as made by the UT Chandigarh Administration under Section 23 of the Family Courts Act, 1984 as well as Statutory Rules as made by Punjab and Haryana High Court under Section 21 of Family Courts Act, 1984 after the Central Government appointed 16 February 2015 as the date on and from which the Family Courts Act, 1984 come into force in UT Chandigarh.(SUBHEAD)
The UT Law and Prosecution Department transferred the aforementioned RTI to Judicial Branch of UT Chandigarh Home Department on 13 March 2023. On 29 March, 2023, one Mohan Lal, Superintendent Judicial cum CPIO responded to the same in two points. In the first it is mentioned that the matter is under consideration with the competent authority and has not attained finality.
In the second, it is responded that the request of copies of the information/documents pertaining to correspondence as well as Statutory Rules as made by the UT Chandigarh Administration under Section 23 of the Family Courts Act, 1984 as well as Statutory Rules as made by Punjab and Haryana High Court under Section 21 of Family Courts Act, 1984 is not covered under sub section (c) of Section 8 of RTI Act, at this stage.
Hemant expresses utter surprise over how and why the aforementioned CPIO has mentioned in Point No. 2 that the matter is not covered under sub section (c) of Section 8 of RTI Act, at this stage.
Firstly, there is no Section 8(c) in the Act and the correct provision is Section 8 (1)(c) of RTI Act. Further, the language used by the CPIO that the request is not covered under sub section (c) of Section 8 of RTI Act is also ambiguous as if it is not covered under the same, then under which it is covered ?
Actually, if the learned CPIO wanted to invoke Section 8(1)(c), he should have rather mentioned that the request is covered under sub section (c) of Section 8 (1) of RTI Act rather than mentioning that the request is not covered.
Further, Section 8(1)(c) of RTI Act stipulates that there shall be no obligation to give any citizen,information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature.
Hemant seriously wonders what breach of privilege would be committed if copies of Statutory Rules made by High Court as well as UT Chandigarh Administration are supplied under RTI Act.
As far as supplying of attested photo copies pertaining to all the correspondence made by the UT Chandigarh Administration with the Punjab and Haryana High Court with respect to the establishment of Family Court in Chandigarh after the Central Government appointed 16 February 2015 as the date on and from which the Family Courts Act, 1984 come into force in UT Chandigarh, Hemant asserts that few months back in response to one of his RTI filed in Punjab & Haryana High Court Registry seeking complete information for the inordinate delay being witnessed with respect of establishment of Family Court in UT Chandigarh, Joint Registrar (Rules) who is also Public Information Officer (PIO) of High Court in a letter dated 16 Dec 2022 mentioned that vide High Court's letter dated 6 Oct 2017 followed by subsequent correspondence letters dated 16 Feb 2018, 27 July 2018, 19 Nov 2018, 18 Jan 2019, 2 Feb 2019, 31 July 2019, 5 March 2020, 15 Oct 2020, 12 Nov 2020, 8 April 2021, 6 Aug 2021 and D.O. (Demi-Official) letter dated 15 Dec 2021, the Home Secretary, Chandigarh Administration was requested to issue necessary notification for the setting up of one Family Court in UT Chandigarh and to convey necessary sanction to the post of Judicial Officer of the rank of the District and Sessions Judge together with supporting staff with their respective pay scales but the matter is pending with UT Administration.
Hemant questions if High Court Registry can share the details of its correspondence with UT Chandigarh Administration under RTI pertaining to establishment of Family Court, then why the UT Chandigarh Administration is reluctant to do the same.