Can a writ petition be filed in Supre Court against SIC decision under RTI Act
Ambadas-Unde
(Querist) 16 November 2010
This query is : Resolved
This refers to section 23 of RTI Act 2005, which reads "No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act."
In view of this, my questions are
(1) can I file writ petition directly with Supreme Court instead of High Court ?
(2) Can I challenge decision of HC in Suprement Court ?and
(3) what is difference in appeal & writ-petition ?
Chanchal Nag Chowdhury
(Expert) 16 November 2010
1.Yes. In the most unlikely event that the information sought for covers more than 1 State.
2.Always.
3.Appeals arise by dint of express provision in a statute.Writ Petition is a constitutional provision for enforcement of Fundamental Rights against the State.
Ambadas-Unde
(Querist) 16 November 2010
Chanchal ji, Thanks !.
A bit confused with reg to answer 1. Let us say I am not satisfied with the decision of Maharashtra State Information Commissioner, Pune. Can I file writ petition directly with SCI instead of Mumbai HC ? Thanks in advance.
Advocate. Arunagiri
(Expert) 16 November 2010
You can file a writ challenging the SIC order before the HC. It is not a writ appeal. Once the writ is dismissed you can go for writ appeal.
