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Leave granted.

2.The point falling for determination in this appeal is as regards

the right of a third party to apply for certified copies to be obtained from the High Court by invoking the provisions of Right to Information Act without resorting to Gujarat High Court Rules prescribed by the High Court.

3.Brief facts which led to filing of this appeal are as follows:-

An RTI application dated 05.04.2010 was filed by respondent No.2 seeking information pertaining to the following cases - Civil Application No.5517 of 2003 and Civil Application No.8072 of 1989 1 along with all relevant documents and certified copies. In reply, by letter dated 29.04.2010, Public Information Officer, Gujarat High Court informed respondent No.2 that for obtaining required copies, he should make an application personally or through his advocate on affixing court fees stamp of Rs.3/- with requisite fee to the "Deputy Registrar". It was further stated that as respondent No.2 is not a party to the said proceedings, as per Rule 151 of the Gujarat High Court Rules, 1993, his application should be accompanied by an affidavit stating the grounds for which the certified copies are required and on making such application, he will be supplied the certified copies of the documents as per Rules 149 to 154 of the

Gujarat High Court Rules, 1993.

4.Being aggrieved, respondent No.2 preferred Appeal No.84 of

2010 before the Appellate Authority-Registrar Administration under

Section 19 of the Right to Information Act, 2005 (for short "RTI Act"). The appeal was dismissed vide order dated 04.08.2010 on the ground that for obtaining certified copies, the alternative efficacious remedy is already available under the Gujarat High Court Rules,

1993 and that under the provisions of RTI Act, no certified copies

can be provided.

5.Respondent No.2 then filed Second Appeal No.1437 of 2010-

11 before the Appellant-Chief Information Commissioner and notice

2 was sent to respondent No.1. Respondent No.1-High Court filed its response reiterating the position that there are provisions under Rules 149 to 154 of the Gujarat High Court Rules for anybody who wants to obtain the certified copies as per which, application/affidavit should be filed stating the grounds for which the documents are required and with requisite court fee stamps. Respondent No.1 stated that despite the letter dated 02.07.2010 by the Deputy Registrar (CC Section), Decree Department, Gujarat High Court to respondent No.2 informing him of the procedure for getting certified copies, respondent No.2 has not made application as per the rules of the High Court and that the Public Information Officer cannot be compelled to breach the High Court Rules and hence, the appeal filed before the Chief Information Commissioner (CIC) is liable to be dismissed. Relying upon Sections 6(2) and 22 of the RTI Act, the appellant-Chief Information Commissioner vide its order dated 04.04.2013 directed Public Information Officer of the Gujarat High Court to provide the information sought by respondent

No.2 within twenty days.

6.Challenging the order of Chief Information Commissioner,

respondent No.1 filed Special Civil Application No.7880 of 2013 before the High Court. The learned Single Judge, while admitting 3 the petition, passed an interim order dated 11.10.2013 directing respondent No.1 to provide the information sought by respondent No.2 within four weeks. The learned Single Judge held that the legality and validity of the direction given by the appellant and the right of respondent No.2 to receive the copies under RTI Act will be considered at the stage of final hearing. It was however clarified that supply of information by respondent No.1 shall not be construed as acceptance of applicability of RTI Act to the High Court.

7.Being aggrieved by the interim order, respondent No.1-High

Court preferred Letters Patent Appeal No.1348 of 2013 before the Division Bench contending that the party who seeks certified copies has to make an application along with the copying charges and requisite court fees stamp as per Rules 149 to 154 of the Gujarat High Court Rules. As per the Rules, if the certified copy is sought by a person who is not a party to the litigation, his application has to be accompanied by an affidavit stating therein the purpose for which he requires the certified copies. Vide impugned order, the High Court allowed the Letters Patent Appeal holding that when a particular field is governed by the rules which are not declared ultra-vires, then there is no question of applying the fresh rules and make the situation confusing. The High Court held that in the light of the High 4 Court Rules, certified copies may be given on payment of charges as per the Rules and also the applicant (respondent No.2) has to file an affidavit disclosing the purpose for which the certified copies are required and there is no question of making an application under the RTI Act. The Division Bench set aside the order of the Chief Information Commissioner by observing that when a copy is demanded by any person, the same has to be in accordance with the Rules of the High Court on the subject.

8.As the question involved is concerned with all the High Courts

and having regard to the importance of the matter, we have requested Mr. Atmaram N.S. Nadkarni, learned Additional Solicitor General (ASG) to appear as amicus curiae to assist the Court which the learned ASG readily agreed. Mr. Nadkarni collected information from all the High Courts and filed a compilation of the information obtained by him about the Rules framed by various High Courts in exercise of their power under Article 225 of the Constitution of India and under Section 28 of the Right to Information Act, 2005.

9.Mr. Preetesh Kapoor, learned Senior counsel for the appellant

has contended that Section 6(2) of the RTI Act specifically provides that an applicant making a request for information shall not be required to give reasons for requesting the information sought and 5 whereas under the Gujarat High Court Rules, applications made by third parties seeking copies of the documents shall be accompanied by an affidavit stating the grounds on which they are required and there is direct inconsistency between the provisions of the RTI Act and the Gujarat High Court Rules, 1993. It was submitted that in view of the inconsistency between the provisions of the RTI Act and the Gujarat High Court Rules, harmonious construction between the two is not possible and in the event of conflict between the provisions of RTI Act and any other law made by the Parliament or State Legislature or any other authority, the former must prevail. It was submitted that Section 22 of the RTI Act specifically provides that the provisions of the RTI Act will have an overriding effect over any other laws for the time being in force. The learned Senior counsel submitted that the High Court Rules have been framed in exercise of the powers under Article 225 of the Constitution of India which would be subject to any other law and the non-obstante clause in Section 22 of the RTI Act shows that the provisions of the RTI Act would override the High Court Rules. The learned Senior counsel inter alia relied upon the recent judgment of the Constitution Bench in Central Public Information Officer, Supreme

Court of India v. Subhash Chandra Agrawal

6

10.Mr. Prashant Bhushan, learned counsel appearing for the

intervenors submitted that there can be no apprehension that allowing an applicant to seek information from the High Court under RTI Act can prejudicially affect the privacy/rights of other parties or the administration of justice. Reiterating the submission of Senior counsel, Mr. Preetesh Kapoor, Mr. Prashant Bhushan submitted that Rule 151 of the Gujarat High Court Rules is not in consonance with Section 6(2) of the RTI Act and the provisions of RTI Act prevails over the relevant Rules of Public Authorities/Gujarat High Court Rules. Taking us through Section 22 of the RTI Act, learned counsel submitted that RTI Act is a general law made by the Parliament with the avowed object of dissemination of information and ensuring transparency in the functioning of the Public Authorities and in view of non obstante clause of Section 22 of the RTI Act, in case of any conflict regarding "access to information from public authorities", the provisions of RTI Act will prevail over any other law. In support of his contention, the learned counsel placed reliance upon Institute of Companies Secretaries of India v.

Paras Jain

*and the Constitution Bench judgment in Subhash Chandra Agrawal. 7

11.Mr. Aniruddha P. Mayee, learned counsel appearing for

respondent No.1-High Court of Gujarat submitted that the Gujarat High Court Rules 149 to 154 do not stipulate anything contra to Section 22 of the RTI Act and the Gujarat High Court Rule 151 is in consonance with the RTI Act. The learned counsel submitted that respondent No.2 was only informed to make an application as per the procedure stipulated under the Gujarat High Court Rules, 1993 and since respondent No.2 was not a party to the proceedings, he was informed that his application shall be accompanied with an affidavit stating the grounds for which the certified copies are required. The learned counsel submitted that when an efficacious remedy is available under Rule 151 of the Gujarat High Court Rules which is in consonance with the provisions of RTI Act, the provisions of the RTI Act cannot be invoked and the High Court rightly held that there is no question of making an application under the RTI Act and rightly quashed the order of the appellant-Chief Information

Commissioner.

12.Mr. Nadkarni, learned amicus has taken us through the

information received from the various High Courts and submitted that in exercise of power under Article 225 of the Constitution of India, the High Court Rules are framed and the Rules provide for a 8 mode for furnishing of information by way of certified copies to persons who are party to the litigation after making payment of requisite fees. It was submitted that insofar as third parties i.e. persons who are not party to the litigation are concerned, the same is also provided under the Rules, if the third party files an affidavit stating the reasonable grounds to receive such information/certified copies. The learned amicus submitted that there is no inconsistency between the RTI Act and the Rules framed by the High Court so as to furnish information. It was also submitted that although Section

22 of the RTI Act has an overriding effect over any other laws, in

case there are inconsistencies, Section 22 of the RTI Act does not contemplate to override those legislations which also aim to ensure access to information. The learned amicus submitted that so far as the information on the judicial side of the High Court, the Rules framed by the High Court provide for dissemination of information to third party as per the High Court Rules by filing an application with requisite fee and filing an affidavit stating the grounds. Insofar as the information on the administrative side of the High Court, the learned amicus submitted that access to such information could be had through the Rules framed by the various High Courts and the Rules framed under the RTI Act by the High Courts. Drawing our attention to the judgment of the Delhi High Court in The Registrar, 9

Supreme Court of India v. RS Misra ** and

judgment of the Karnataka High Court in Karnataka Information Commissioner v. State Public Information Officer and another 3 $*)$'), the learned amicus submitted that the High Courts have taken a consistent view that the information can be accessed through the mechanism provided under the Supreme Court Rules, 2013 and the High Court Rules and once any information can be accessed through the mechanism provided under the Statute or the Rules framed, the provisions of the RTI Act cannot be resorted to.

13.We have carefully considered the contentions and perused

the impugned judgment and materials on record. The following points arise for consideration in this appeal:- (i)Whether Rule 151 of the Gujarat High Court Rules, 1993 stipulating that for providing copy of documents to the third parties, they are required to file an affidavit stating the reasons for seeking certified copies, suffers from any inconsistency with the provisions of RTI Act? (ii)When there are two machineries to provide information/certified copies - one under the High Court Rules and another under the RTI Act, in the absence of any inconsistency in the High Court Rules, whether the provisions of RTI Act can be resorted to for obtaining certified copy/information? 10

14.Section 2(f) of the Right to Information Act, 2005 explains the

meaning of the term " "'$4/& $"" which reads as under:- -' " & $"!5In this Act, unless, the context otherwise requires,- (f) " "'$4/& $"" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers,quotesdbs_dbs25.pdfusesText_31

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