New Delhi, Sep 17 The Supreme Court on Tuesday issued notice on a public interest litigation (PIL) filed against the Central Information Commission's (CIC) practice requiring physical attendance of an appellant at NIC studios for participation in a virtual hearing.
A bench, headed by CJI D.Y. Chandrachud, issued notice to CIC and the Union government returnable within two weeks.
The plea filed by advocate and RTI activist KC Jain said that the CIC’s requirement for physical attendance at NIC studios violates Article 39A of the Constitution, which mandates the legal system to ensure that justice is not denied due to economic or other disabilities. It added that the requirement to travel to NIC studios, often located in government offices far from the appellant’s residence or workplace, places an unnecessary burden on the public, particularly on those who are elderly, differently-abled, or residing in remote areas.
"Requiring physical attendance at NIC studios results in an inefficient use of resources, both for the appellants and the government. The adoption of virtual hearing links would optimise resource allocation by reducing the need for physical infrastructure and travel," said the PIL, praying for directions to CIC to include virtual hearing links in its daily cause lists for appeals and complaints.
Further, it highlighted that the current practice hampers the effective implementation of the Right to Information (RTI) Act, discouraging individuals from exercising their legal rights and thus undermining transparency and accountability.
While State Information Commissions (SICs) are mandated to provide virtual links in their daily cause lists, the CIC’s failure to do so creates an inconsistent application of the apex court's directions, leading to confusion and unequal treatment of information seekers nationwide, the plea said.
In response to an online RTI request made by the petitioner, the CIC's CPIO said that there was no proposal to include hearing links in the daily cause list, instead of requiring physical attendance at NIC studios.
The Supreme Court, in October last year, had stressed that all SICs established under the RTI Act should make it mandatory to provide the option of both physical and virtual hearings to all litigants. It had said that the existing procedure for conducting appeals and complaints before the SICs should be supplemented with cost-effective and time-efficient technological solutions, adding that links for availing hybrid hearings must be made available on the daily cause list of the quasi-judicial bodies.
It had also asked all SICs to have the facility of e-filing of the appeals and appeals to ensure ease of access to justice under the RTI Act. "The use of technology is no longer an option. Property deployed for conducting hybrid/virtual hearings, technology has a potential to ensure access to justice by obviating the need for citizens to travel long distances to secure the right of being heard," the apex court had said.
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