• Regarding directions from High Court in RTI matters

I filed 9 RTIs in a Central University to get answers of my questions. Out of these 9 RTIs 5 was filed in the name of my lawyers (2 from one and 3 from another) and rest i.e. 4 was in my name throughout (i.e. in RTI Requests, First Appeals, and Second Appeals). As I have not received any answers of my questions even after filing second appeal in Central Information Commission in all the 9 RTIs even after one year. So I'm planning to go to the High Court to get the directions. Can I request the High Court to issue directions in the RTIs which was not filed in my name along with the RTIs which was filed in my name i.e. can I club all the 9 RTIs in a single petition in High Court in my name to get directions? If yes, how? Please intimate how can I club all 9 RTIs in a single petition in High Court.
Asked 7 years ago in Civil Law

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12 Answers

1) Hc would not issue directions for RTI which were not filed in your name 

 

2) dont club all 9 RTI in single petition 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Hello,

 

you may only go the HC for the RTI’s filed by you and you do not have the locus to go to HC for the RTI filed by your lawyer.

you may make him as one of the petitioner and then you may seek directions for all the RTI’s in one petition.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If the said RTI filed by your lawyers were on your behalf then yes else no. But if the said information is of exclusive in relation with you. You can still try to get the same in one Petition before HC.

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Dear Client,

 

Lawyer`s cannot ask information on behalf of client, No relief from HC for those filed by advocate. File early hearing application before CIC only.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

RTI applicants can directly approach the SIC or CIC, as in case maybe, and lodge a complaint if they do not get a response from the PIO within 30 days

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

See if lawyer filed RTI on your behalf and that is written on RTI then you can file a single petition otherwise it would be better to file 3 separate petitions. 

you can club all the RTI filed by you in single petition mentioning there name and date and can further seek direction for the CIC to dispose same in time limit,

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See it would be better if three petitions are filed separately same prayer then since the issue is same the court can order to tag them and decide collectively.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Are the RTI applications interconnected ? 

 

2) it is advisable to file 9 separate writ petition 

 

3) your lawyer has not mentioned that RTI applications have been filed on your behalf 

 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have no other option apart from filing of the Writ of Mandamus as per article 226 of our Constitution before the Hon’ble High Court seeming direction to the department answering the delay or for not replying to your RTIs.
  2. Once you file it, there after you may have two option, whcih are as follows:- 

                      a. Court may ask them to file reply now within a stipulated time and disposs the matter.

                       b. Or Court may ask them to place on record the replies before then only.

3. But, you will surely get the replies.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Yes, this has been advised by me above 

 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can file a writ petition only for those cases which are on your name alone  and not on a third party's name.

You cannot club all the 9 questions that were filed by different persons, the other persons can be made as a party to your writ petition if you want relief for the entire questions.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Can I make my two lawyers (who filed 2+3 RTIs as individual capacity without mentioning my name or on my behalf in the RTIs) as petitioners along with me and seek direction from the High Court in a single petition clubbing all 9 RTIs?

It may not be possible.
You may have to file individual petitions only or can file a petition by making them also parties to the petition.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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