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Old 04-24-2008, 03:09 PM
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Name: Col NR Kurup (Retd)
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Re: Information so gathered, can that be used in court of law?

I too fully agree with Mr.Ganpat.The information or copy of letter provided by the PIO has tobe certified copies of documents or records. There is no reason why it should not be used as an evidence. Of cource by mere production of a document obtained through RTI Act or even otherwise does not automatically become a valid piece of evidence in a court case. Such documents has to be PROVED. Proved means someone has to enter into witness stand and produce the document. He can be examined and cross examined and the document has to be marked a evidence.

In the case of documents obtained through RTI, the Opposition Advocate may insist on calling the PIO or even the person who is the custodian of the original document to produce it failing which they may refuce to accept it as evidence. Of cource based on the type of evidence the Judge may give appropriate decision.
I have a case where the Munsiff has accepted a defendents document without proving despite my repeated pleding against it. Even though there are specific decisions staing that a documnt cannot be admitted in evidence without proving, in my case the decision adverse to me is made by the Munsiff purely based on above unproven document. So everything is possible in our present judicial system.
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