Inspection of record with counsel under RTI
- WP(C) No.
1. In this case the petitioner had requested that the
Deputy Commissioner of Police should permit
Compilation of the judgments of the Supreme Court of India and various High Courts.
Center for Right to Information, YASHADA 11
inspection of the concerned records with the
assistance of the counsel or some one conversant
in English.
2. There was no dispute that the petitioner's
request for inspection of the files was granted.
However, his request that he should be allowed to
inspect the record with the assistance of his
counsel or with the person conversant in English
was not considered. After hearing both sides, the
High Court held that the object of the RTI Act is to
provide access to information in the custody of
the executive agency. Undoubtedly the PIO was
of the opinion that the records of which
inspection has been sought, were not of the kind
which could be granted access to. If the
petitioner for some reasons fail inhibited due to
his not being fluent English, denial of appropriate
assistance in fact would have resulted in
withholding access to information. That is not
the object of the Act or even the order. In the
circumstances, the respondents should grant the
petitioner's request. Holding this the High Court
directed the respondents to permit inspection of
the concerned records by the petitioner, who can
be accompanied by his counsel or an authorised
representative.
