Delhi High Court Upholds Citizen’s Right to Information, Overturns CIC’s Restriction on RTI Queries

In a significant judgment the Delhi High Court has set aside a directive of the Central Information Commission (CIC) that barred petitioner Shishir Chand from filing further Right to Information (RTI) applications on the same subject matter. This ruling reaffirms the citizen’s unfettered right to seek information under the RTI Act, 2005.

Justice Subramonium Prasad, while delivering the verdict, emphasized the essence of the RTI Act. “The RTI Act provides for payment of costs by public authority if any loss is caused… There is no provision for imposing costs if information is sought repeatedly,” he observed, underscoring the Act’s intent to enable greater access to information for citizens.

The case, W.P.© 11820/2021 & CM APPLs. 38010/2022, 38023/2022, 46873/2023, revolved around the petitioner’s quest for information regarding the alleged medical negligence that led to his brother’s death. Despite multiple RTI applications and legal pursuits across various forums, the CIC had restricted Chand from making further inquiries on the grounds of repetitive requests, terming it as an abuse of the RTI process.

The High Court recognized the CIC's concerns about potential misuse of the RTI Act, but maintained that such concerns should not impede the fundamental right to information. “The purpose of the RTI Act is meant to further good governance, and unfortunate misuse of the same will only dilute its importance,” Justice Prasad noted in his judgment.

This landmark decision is seen as a reinforcement of the RTI Act’s core objective of ensuring transparency and accountability in governance. The Court’s ruling, particularly in setting aside the CIC’s directive, serves as a reminder of the legal framework’s commitment to uphold citizens’ rights to information.

The Court, however, advised the petitioner and others to refrain from abusing the law and diluting the Act’s objectives by seeking the same information repetitively.

Date of Decision: 19^th December, 2023

SHISHIR CHAND VS THE CENTRAL INFORMATION COMMISSION & ANR.