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

MG-NREGA: A global model still waiting to be fully implemented

By Bharat Dogra When the Mahatma Gandhi National Rural Employment Guarantee Act (MG-NREGA) was introduced in India nearly two decades ago, it drew worldwide attention. The reason was evident. At a time when states across much of the world were retreating from responsibility for livelihoods and welfare, the world’s second most populous country—with nearly two-thirds of its people living in rural or semi-rural areas—committed itself to guaranteeing 100 days of employment a year to its rural population.

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor* This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

Concerns raised over move to rename MGNREGA, critics call it politically motivated

By A Representative Concerns have been raised over the Union government’s reported move to rename the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), with critics describing it as a politically motivated step rather than an administrative reform. They argue that the proposed change undermines the legacy of Mahatma Gandhi and seeks to appropriate credit for a programme whose relevance has been repeatedly demonstrated, particularly during times of crisis.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Rollback of right to work? VB–GRAM G Bill 'dilutes' statutory employment guarantee

By A Representative The Right to Food Campaign has strongly condemned the passage of the Viksit Bharat – Guarantee for Rozgar and Ajeevika Mission (Gramin) (VB–GRAM G) Bill, 2025, describing it as a major rollback of workers’ rights and a fundamental dilution of the statutory Right to Work guaranteed under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA). In a statement, the Campaign termed the repeal of MGNREGA a “dark day for workers’ rights” and accused the government of converting a legally enforceable, demand-based employment guarantee into a centralised, discretionary welfare scheme.

From jobless to ‘job-loss’ growth: Experts critique gig economy and fintech risks

By A Representative Leading economists and social activists gathered in the capital on Friday to launch the third edition of the State of Finance in India Report 2024-25 , issuing a stark warning that the rapid digitalization of the Indian economy is eroding welfare systems and entrenching "digital dystopia."

School job scam and the future of university degree holders in West Bengal

By Harasankar Adhikari The school recruitment controversy in West Bengal has emerged as one of the most serious governance challenges in recent years, raising concerns about transparency, institutional accountability, and the broader impact on society. Allegations that school jobs were obtained through irregular means have led to prolonged legal scrutiny, involving both the Calcutta High Court and the Supreme Court of India. In one instance, a panel for high school teacher recruitment was ultimately cancelled after several years of service, following extended judicial proceedings and debate.

India’s Halal economy 'faces an uncertain future' under the new food Bill

By Syed Ali Mujtaba* The proposed Food Safety and Standards (Amendment) Bill, 2025 marks a decisive shift in India’s food regulation landscape by seeking to place Halal certification exclusively under government control while criminalising all private Halal certification bodies. Although the Bill claims to promote “transparency” and “standardisation,” its structure and implications raise serious concerns about religious freedom, economic marginalisation, and the systematic dismantling of a long-established, Muslim-led Halal ecosystem in India.

Women’s rights alliance seeks NCW action against Nitish Kumar over public veil incident

By A Representative An alliance of women’s rights activists has urged the National Commission for Women (NCW) to initiate legal action against Bihar Chief Minister Nitish Kumar over an incident at a public function in Patna that they allege amounted to a grave violation of a Muslim woman’s dignity and constitutional rights. In a detailed complaint dated December 18, the All India Feminist Alliance (ALIFA), part of the National Alliance of People’s Movements (NAPM), sought the NCW’s immediate intervention following an episode on December 15 during the distribution of appointment letters to newly recruited AYUSH doctors in Patna.

Search This Blog