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LATEST NEWS UPDATES | PILs can't be based solely on RTI information: SC by Dhananjay Mahapatra

PILs can't be based solely on RTI information: SC by Dhananjay Mahapatra

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published Published on Nov 17, 2011   modified Modified on Nov 17, 2011

Information obtained under Right To Information Act is increasingly becoming the basis of public interest petitions seeking judicial redress of grievances. The Supreme Court on Monday disapproved of this modus operandi and said from now, it would not entertain PILs solely based on RTI information.

"Petitioners banking on information obtained through RTI Act must approach the concerned ministry, bring the facts to its notice and demand justice. If the ministry does not reply, it is a different matter. But a person must demand notice from the authorities first before approaching the courts," a bench of Chief Justice S H Kapadia and Justice Swatanter Kumar said.

Counsel V Joglekar, appearing for petitioner All India Road Network Users Association, said over 300 RTI applications were filed and the information showed lack of intent and drive on the part of transport authorities across the country to enforce safety fitments in vehicles. Absence of such fitments had led to numerous fatal accidents in the rainy season, it said and pleaded for enforcement of norms specified under the Motor Vehicles Act.

But the bench was unrelenting in its stand that every petitioner must first give a comprehensive representation about his grievance to the authorities and demand justice. Only when the authorities or ministries fail to address the representation can a person move the court, it said.

"It is not fair that everyone should approach the court after obtaining information under RTI without giving notice to the concerned authorities," it said.

All India Road Network Users Association, through counsel Manish Pitale, said it had sought information from transport commissioners across the country about enforcement of provisions relating to proper fittings in cars, buses, trucks and other heavy vehicles to minimize accidents arising from poor visibility during the monsoon season.

It said the central legislation relating to motor vehicles specified norms relating to rear view mirror, mud flaps and reflectors for various categories of automobiles. But because of poor implementation, running of vehicles on rainy days caused heavy cloud of water particles, which obstructed the vision of drivers and led to fatal accidents.

The bench clarified that it was not undermining the importance of the PIL but insisted that the petitioners must approach the government first before moving courts. It allowed withdrawal of the PIL as the counsel said the association would make a proper representation before the ministry concerned.


The Times of India, 15 November, 2011, http://articles.timesofindia.indiatimes.com/2011-11-15/india/30400672_1_rti-information-pils-rti-act


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