The Gujarat High Court has held that an RTI applicant who is not conversant with the language or contents of the information sought cannot insist on taking a third party along while inspecting the records. The Court observed that allowing such a person to accompany the applicant could, in effect, amount to providing the information to a third party.
Justice Nirzar S. Desai passed the order on July 31, 2026, while dealing with a petition challenging the rejection of an RTI second appeal. The Court ultimately allowed the petitioner to inspect the records, but directed that he must do so personally and without any accompanying person.
Background Of The Case
The petitioner had approached the High Court challenging an order dated April 8, 2026, by which his second appeal was rejected. He had sought information under the RTI Act along with the relevant Form K and requested access to bulky records for inspection.
According to the impugned order, the petitioner had been asked to remain present and identify the precise information he wanted from the records. During an earlier visit to the Nagdala Gram Panchayat office, he reportedly arrived with six or seven persons and insisted that the records be shown to everyone accompanying him.
The records further stated that when the Talati-cum-Mantri refused, an incident allegedly followed in which the petitioner and those accompanying him misbehaved with the woman official. The official began recording the incident on her mobile phone and warned that the police would be called, following which they left the office. The second appeal was rejected after these circumstances were taken into account.
Undertaking Given Before The High Court
During the hearing, the petitioner submitted an affidavit-cum-undertaking in response to the Court’s oral directions.
He undertook to maintain a cordial and courteous manner while visiting the RTI office. He also agreed not to carry a mobile phone, camera or other recording device during the visit and promised not to cause any disturbance or obstruction to the functioning of the office.
The undertaking also stated that he would be accompanied by a person conversant with the contents and language of the information being provided.
Court’s Observation
The respondents opposed this part of the undertaking, particularly the petitioner’s request to have another person accompany him during inspection.
Justice Nirzar S. Desai observed that if the petitioner himself was not conversant with the language or contents of the information, allowing another person to accompany him could effectively result in the information being provided to a third party.
The Court noted that this raised a prima facie concern that the petitioner could be acting on behalf of such a third party, which, according to the Court, was not the object or purpose of the RTI Act.
At the same time, the Court took note of the undertaking furnished by the petitioner and the fact that he had been denied inspection following the alleged incident involving the concerned officer.
Decision
The High Court therefore quashed and set aside the April 8, 2026 order rejecting the petitioner’s second appeal.
The Court directed the concerned respondent to permit the petitioner to inspect the records and thereafter provide the information sought within one month from July 31, 2026. It specifically clarified that the petitioner alone could inspect the records and that no accompanying person would be permitted inside the concerned office.
The Court further directed that after the inspection, photocopies of documents specifically sought by the petitioner should be supplied upon payment of the prescribed charges.
With these directions, the petition was disposed of.
Case Details
Case Title: Vala Jodhubhai Golanbhai v. RTI Officer & Ors.
Case Number: R/Special Civil Application No. 9928 of 2026
Judge: Justice Nirzar S. Desai
Decision Date: July 31, 2026
