Manoj Singh Negi vs Shri Raj Kumar Vishwakarma, Chief … on 28 March, 2025

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Supreme Court – Daily Orders

Manoj Singh Negi vs Shri Raj Kumar Vishwakarma, Chief … on 28 March, 2025

     ITEM NO.13                                 COURT NO.13                     SECTION PIL-W

                                     S U P R E M E C O U R T O F         I N D I A
                                             RECORD OF PROCEEDINGS

                             CONMT.PET.(C) No. 107/2025 in W.P.(C) No. 360/2021


     MANOJ SINGH NEGI                                                           Petitioner(s)

                                                        VERSUS

     SHRI RAJ KUMAR VISHWAKARMA, CHIEF INFORMATION
     COMMISSIONER- UTTAR PRADESH & ANR.                                        Respondent(s)


     IA No. 6042/2025 - PERMISSION TO APPEAR AND ARGUE IN PERSON

     Date : 28-03-2025 This matter was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE J.B. PARDIWALA
                             HON'BLE MR. JUSTICE R. MAHADEVAN


     For Petitioner(s) :                    Petitioner-in-person



     For Respondent(s) :

                              UPON hearing the counsel the Court made the following
                                                 O R D E R

1. Application seeking permission to appear and argue in

person is allowed.

2. The Writ Petition(C)No. 360/2021 titled “Kishan Chand

Jain vs. Union of India & Ors” was filed in this
Signature Not Verified

Digitally signed by
CHANDRESH
Date: 2025.03.29
16:10:09 IST
Reason: CONMT.PET.(C) No. 107/2025 1
Court under Article 32 of the Constitution seeking directions

for the better functioning of the State Information Commissions

under the Right to Information Act, 2005.

3. While deciding the main matter this Court took cognizance

of the fact that most of the SICs were located in the capital

cities of the States and conduct proceedings physically.

4. It was argued before this Court that this would impose

prohibitive costs on the applicants and appellants as the case

may be especially those living in the remote areas, as they

have to travel long distances to approach the SICs.

5. It was argued before this Court that it is the

legislative intention of Parliament in enacting the RTI Act to

provide information to the applicants at a reasonable expense.

6. The main matter was adjudicated and ultimately vide

judgment and order dated 9th October, 2023 the same came to be

disposed of issuing the following directions:-

“23. In view of the above discussion, we are of the
considered view that access to the Information
Commissions is integral to securing the right to
information, which is a necessary concomitant of right
to equality under Article 14, the freedom of speech and
expression under Article 19(1)(a) of the Constitution,
and the right to life under Article 21. Accordingly, we
direct that all SICs across the country must provide
hybrid modes of hearing to all litigants for the hearing
of complaints as well as appeals. All SICs must provide
an option for availing of a hybrid mode of hearing which

CONMT.PET.(C) No. 107/2025 2
shall be at the discretion of the applicant, or as the
case may be, the appellant. The links for availing of
the option must be stipulated in the daily cause list of
the Information Commissions across the country. This
shall be operationalized no later than by 31 December
2023.

24. That apart, there can be no gainsaying the fact that
e-filing provides round the clock access to courts, and
in the process, facilitates the convenience of lawyers
and litigants. We direct that all SICs must ensure that
e-filing of complaints and appeals is provided in a
streamlined manner to every litigant. Steps should also
be taken having regard to the provisions of Section 26
of the RTI Act to ensure that service is effected on the
Public Information Officers through the electronic mode.
This shall also be implemented by 31 December 2023.

25. All Central and State Ministries shall take steps
within a period of one month from the date of this order
to compile the email addresses of the Central and State
Public Information Officers which shall be furnished to
the CIC and to all the SICs, as the case may be.

26. In order to facilitate the implementation of this
order, we direct that the Secretary, Department of
Personnel and Training shall convene a meeting of all
the Central and State Information Commissioners within a
period of one month from the date of this order.

Comprehensive modalities for the implementation of the
above directions shall be set up.

27. All the State Governments shall cooperate in the
implementation of the order. The State Governments
shall, where funds are required, ensure provision of
necessary funds to all the SICs for setting up the
infrastructure for conducting virtual hearings. The CIC
and SICs would be at liberty to avail of the facilities
which have been provided by the NIC for setting up the
websites on the S3 WAS Platform which provides for ease
of access in the electronic mode.

CONMT.PET.(C) No. 107/2025 3

28. We are hopeful that with the fulfilment of the above
directions, the implementation of the RTI Act would be
streamlined to facilitate access to justice and
information to citizens.

29. The writ petition is accordingly disposed of.

30. This Court wishes to record its appreciation of the
assistance which has been rendered by Mr. Kishan Chand
Jain on the one hand and Mr. K. M. Natraj, Additional
Solicitor General, on the other.

31. Pending applications, if any, stands disposed of.”

7. The original petitioner is here before this Court with a

Contempt Petition redressing the grievance that the directions

issued by this Court, referred to above, have not complied

with.

8. Issue notice returnable on 28.04.2025.

9. On the next date of hearing, we expect the respondents to

place a detailed report before this Court explaining as to in

what manner the directions issued by this Court have been

complied with so far.

10. Personal appearance of the respondents is not required at

this stage.

 (CHANDRESH)                                         (POOJA SHARMA)
 ASTT. REGISTRAR-cum-PS                            COURT MASTER (NSH)




      CONMT.PET.(C) No. 107/2025                                            4

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