Introduction:

The Punjab and Haryana High Court recently issued notices to various authorities, including the Union Government and the Central Information Commission (CIC), on a plea filed by Ram Kumar seeking directions for the inspection of records regarding actions taken by the Ministry of Home Affairs (MHA) against political parties allegedly receiving foreign funding. The petitioner alleges non-compliance with a CIC order, which directed the MHA to allow inspection of records through an authorized representative.

Arguments:

Advocate Munish Bhardwaj, representing the petitioner, argued that despite a CIC order, the MHA has not allowed inspection of records through an authorized representative. The petitioner contends that the PIO of the Union Home Ministry initially permitted inspection by an authorized representative but later denied it, citing the lack of provision in the RTI Act. However, ASG Satya Pal Jain, representing the Union Government, submitted that there is no provision in the RTI Act for inspection through an authorized representative, suggesting that the petitioner should inspect the records personally.

Court’s Judgment:

Justice Vikas Behl directed the respondents to file a reply and listed the matter for further consideration on July 10. The court’s decision reflects a cautious approach, seeking clarity on the RTI Act’s provisions regarding inspection of records. It underscores the importance of addressing procedural issues to ensure effective implementation of transparency laws.