Skip to main content

Gujarat High Court asked to "proactively disclose" monitoring system set up on pending cases

Rajagopalan near his office in Gandhinagar
By A Representative
In a major order, chief information commissioner (CIC), Gujarat, D Rajagopalan, has asked the Gujarat High Court to furnish all the necessary details sought by Kalpeshkumar L Gupta, under the right to information (RTI) Act, regarding “monitoring system” set up by the High Court on cases that are being fought in courts in Gujarat. The High Court’s public information officer (PIO), who is supposed to hear RTI cases, had rejected Gupta’s plea on July 2, 2012, saying, the information sought does not come “within the definition of information under the RTI Act.”
Academic associate at the Indian Institute of Management-Ahmedabad and PhD scholar at Gujarat National Law University, Gupta had sought, in his representation dated June 22, 2012, information on “the status of pending cases, monitoring the cases of subordinate judiciary, the periodicity of such monitoring and the use of information technology system for monitoring”, to quote Rajagopalan, former chief secretary under Narendra Modi. He passed his order against the Gujarat High Court’s PIO on May 6, 2014.
The order said, “Perusing the information sought by the appellant in his application, the commission feels that the appellant is keen to know as to whether the Gujarat High Court, the supreme supervisor of all the subordinate judicial institutions in the state, has any system of monitoring the disposal of cases and whether the information technology system is used for effective monitoring of the functioning of the subordinate judiciary.”
It ruled, “The information commission feels that the information sought by the appellant is well within the ambit of RTI Act and is covered within the definition of information under section 2 of the RTI Act.” Going further, it said, the information sought by Gupta fell under “proactive disclosure” which the Gujarat High Court ordinarily should make public on its own accord, without waiting for any RTI plea.
Rajagopalan insisted, “The commission feels that such information is normally covered under section 4 of the RTI Act and made a part of the proactive disclosure of the Gujarat High Court, so that the applicants come to know about the functioning of the Gujarat High Court and also monitoring of the subordinate courts. The Commission, therefore, feels that the information sought by the appellant needs to be given by the PIO and directs the PIO to give the information to the appellant within 30 days, free of cost, as per 7(6) of the RTI Act.”
Significantly, Rajagopalan’s order comes two years after he filed an appeal with the CIC’s office against the Gujarat High Court’s rejection of a request for information. Rapagopalan’s order admits, “The appellant approached the commission vide his representation dated August 1, 2012 under section 19 of the RTI Act against the decision of the first appellate authority on his application dated June 22, 2012 seeking information under section 6 of the RTI Act.”
The order in favour of Gupta was passed despite the fact that, according to Rajagopalan, during the hearing before him, “neither the appellant nor the representative of the public authority remained present.” His earlier appeal against the Gujarat High Court, he was told to his utter dismay, could not be found was “lost”, forcing Gupta to make another appeal.
Gupta said, following his repeated attempt to find the file which contained his request, the officials under the CIC “finally they found out the file and fixed date of hearing on May 6, 2014.” He added, this happened after a he filed a complaint filed on December 5, 2013, for which he got the letter of hearing. “Appeal was filed against High Court of Gujarat on August 8, 2012... Pathetic working of Gujarat State Information Commission”, he said.
This is the second major order by Rapagopalan against the Gujarat High Court’s PIO's refusal to part with information sought by a citizen. On November 12, 2013, Rajagopalan had asked the PIO and the appellate authority, who happens to be registrar, Gujarat High Court, to provide information regarding the number of leaves given to the court’s judges, as sought by an applicant. Social activist Indukumar Jani had sought information regarding judges’ leaves in 2010, arguing that people coming from far off areas, especially the tribal belt, often find that judges are not available on the date of hearing.
Jani was denied information citing Gujarat High Court rules for the right to information (RTI) Act, saying that anything that is not in "public domain" was exempted from granting information under the RTI. Rejecting the argument, in his ruling, Rajagopalan said, the officials of the High Court cannot act under their own RTI rules, which contradict the RTI Act. The rules of any organization are meant to the procedure to provide information works in well-oiled fashion. They cannot override provisions of the RTI Act.

Comments

TRENDING

Wave of disappearances sparks human rights fears for activists in Delhi

By Harsh Thakor*  A philosophy student from Zakir Hussain College, Delhi University, and an activist associated with Nazariya magazine, Rudra, has been reported missing since the morning of July 19, 2025. This disappearance adds to a growing concern among human rights advocates regarding the escalating number of detentions and disappearances of activists in Delhi.

How community leaders overcome obstacles to protect forests and pastures in remote villages

By Bharat Dogra  Dheera Ram Kapaya grew up in such poverty that, unable to attend school himself, he would carry another boy’s heavy school bag for five kilometers just to get a scoop of daliya (porridge). When he was finally able to attend school, he had to leave after class five to join other adolescent workers. However, as soon as opportunities arose, he involved himself in community efforts—promoting forest protection, adult literacy, and other constructive initiatives. His hidden talent for writing emerged during this time, and he became known for the songs and street play scripts he created to promote forest conservation, discourage child marriages, and support other social reforms.

‘Act of war on agriculture’: Aruna Rodrigues slams GM crop expansion and regulatory apathy

By Rosamma Thomas*  Expressing appreciation to the Union Agriculture Minister for inviting suggestions from farmers and concerned citizens on the sharp decline in cotton crop productivity, Aruna Rodrigues—lead petitioner in the Supreme Court case ongoing since 2005 that seeks a moratorium on genetically modified (GM) crops—wrote to Union Minister Shivraj Singh Chouhan on July 14, 2025, stating that conflicts of interest have infiltrated India’s regulatory system like a spreading cancer, including within the Indian Council for Agricultural Research (ICAR).

Overriding India's constitutional sovereignty? Citizens urge PM to reject WHO IHR amendments

By A Representative   A group of concerned Indian citizens, including medical professionals and activists, has sent an urgent appeal to Prime Minister Narendra Modi, urging him to reject proposed amendments to the International Health Regulations (IHR) before the ratification deadline of July 19, 2025. 

The GMO illusion: Three decades of hype, harm, and false hope

By Sridhar Radhakrishnan  Three decades of hype, billions of dollars spent, and still no miracle crop. It's time to abandon the GMO biotech fairy tale and return to the soil, the seed, and the farmer. “Trust us,” they said. “GMOs will feed the world.” Picture a world where there is plenty of food, no hunger, fields grow without chemical pesticides, children are saved from malnutrition, and people live healthily.

Sandra Gonzalez Sanabria: An inspiring life from Colombia’s Amazonian valley

By Vidya Bhushan Rawat*  In the village of Héctor Ramírez, known as Agua Bonita, in La Montañita, Caquetá, Colombia, a vision of peace and renewal is unfolding. In the pre-2016 period, this would have been nearly impossible for outsiders to visit, as it was the epicenter of violent resistance against state oppression. However, after the Peace Accord was signed between the Colombian government and former revolutionaries—marking the end of a 70-year insurgency that claimed over 400,000 lives until 2025, including civilians, rebel fighters, and security personnel—things began to change. Visiting Agua Bonita during the Global Land Forum in Bogotá revealed a village of hope and resilience. Former FARC revolutionaries have settled here and transformed the village into a center of peace and aspiration.

Indigenous Karen activist calls for global solidarity amid continued struggles in Burma

By A Representative   At the International Festival for People’s Rights and Struggles (IFPRS), Naw Paw Pree, an Indigenous Karen activist from the Karen Human Rights Group (KHRG), shared her experiences of oppression, resilience, and hope. Organized with the support of the International Indigenous Peoples Movement for Self-Determination and Liberation (IPMSDL), the event brought together Indigenous and marginalized communities from across the globe, offering a rare safe space for shared learning, solidarity, and expression.

Activists allege abduction and torture by Delhi Police Special Cell in missing person probe

By A Representative   A press statement released today by the Campaign Against State Repression (CASR) alleges that several student and social activists have been abducted, illegally detained, and subjected to torture by the Delhi Police Special Cell. The CASR claims these actions are linked to an investigation into the disappearance of Vallika Varshri, an editorial team member of 'Nazariya' magazine.

India’s zero-emission, eco-friendly energy strategies have a long way to go, despite impressive progress

By N.S. Venkataraman*   The recent report released by OPEC’s World Oil Outlook 2025 has predicted that by the year 2050, crude oil would replace coal as India’s key energy source. Clearly, OPEC expects that India’s dependence on fossil fuels for energy will continue to remain high in one form or another.