SC seeks details on compliance of hybrid hearing orders from states

The Supreme Court has issued showcause notices to all State Information Commissions (SICs), directing them to explain their compliance with its October 2023 order mandating online hearings for Right to Information (RTI) applicants, and underscoring the need to ensure accessibility and the effective implementation of the right to know under the RTI Act.

A bench of justices JB Pardiwala and R Mahadevan issued showcause notices of contempt on a petition, requiring SICs to submit their compliance reports by April 28, 2025, detailing steps taken to enable virtual hearings and e-filing.

The notices were issued on a contempt petition filed by advocate Kishan Chand Jain, who contended that SICs had failed to implement the Supreme Court’s directives.

The bench sought detailed reports from SICs on the extent and manner of compliance with the court’s October 9, 2023, directions, which had set a December 31, 2023, deadline for implementing hybrid hearings and e-filing mechanisms.

“On the next date of hearing, we expect the respondents to place a detailed report before this court explaining as to in what manner the directions issued by this Court have been complied with so far,” the March 28 order stated.

The bench also formally issued contempt notices to the SICs, asking them to justify their non-compliance and detailing how they have adhered to the court’s previous instructions.

The Supreme Court’s October 9, 2023 ruling had emphasised that access to SICs is an essential element of the fundamental right to information. The court had then ruled that SICs must provide hybrid hearing options to litigants, ensuring that RTI applicants—especially those in remote areas—could participate in hearings without prohibitive travel costs.

“We direct that all SICs across the country must provide hybrid modes of hearing to all litigants for the hearing of complaints as well as appeals. All SICs must provide an option for availing of a hybrid mode of hearing which shall be at the discretion of the applicant,” the court had ordered.

It also mandated that links for virtual hearings be included in daily cause lists, ordering state governments to ensure that necessary funds are allocated for setting up the required infrastructure.

Additionally, the court had instructed SICs to establish streamlined e-filing mechanisms for complaints and appeals, along with ensuring that service of notices on Public Information Officers (PIOs) could be effected electronically.

However, the contempt petition filed by Jain alleged that SICs failed to comply with the court’s orders, thereby obstructing the RTI framework’s accessibility and efficiency.