The Bombay High Court has clarified that public authorities are not required to retrieve information from third parties to fulfill RTI requests. This ruling emphasizes the boundaries of obligation imposed by the Right to Information Act.
Bombay High Court Rules on RTI Obligations of Public Authorities
On Tuesday, the Bombay High Court delivered a significant judgment regarding the obligations of public authorities under the Right to Information Act, 2005 (RTI Act). The Court ruled that a public authority is not legally obligated to procure information from private bodies solely to comply with an RTI request. This ruling stemmed from the case Securities and Exchange Board of India v. Yogesh Mehta & Ors., where certain orders issued by the Central Information Commission directing such actions were quashed.
The Division Bench, comprising Justices Manish Pitale and Shreeram V Shirsat, acknowledged the limitations imposed on public authorities under the RTI Act, stressing that they should only disclose information that is directly available to them rather than embark on efforts to source information from third-party entities. This determination reinforces the principle that the RTI Act does not extend mandates to public authorities that would compel them to act beyond their scope.
This ruling has crucial implications for both public authorities and RTI applicants. Practitioners should note the clarified boundaries of responsibility for public agencies and the scope of information that can be sought under the Act, which will guide future RTI requests and compliance efforts.
Citations
- Securities and Exchange Board of India v. Yogesh Mehta & Ors.
