New File Added: Judicial documents can be accessed under RTI

[karira]

Downloads: A new file has been added by karira:

Judicial documents can be accessed under RTI

Attached is a old judgment (2008) from the Madras High Court arguing for access to Judicial documents under RTI Act 2005.

Many courts are not allowing access to judicial documents through RTI but asking applicants to use the respective Court Rules.

This judgment will be of help to such applicants.

[digal]

Sponsorer

Dear Members,
Here is the decision of IC SG, which kept aside the Rules framed by court,(the “District Court Rules”) to block flow of information.:
{In other words, the rules framed by a competent authority cannot go beyond the exemptions provided for in Sections 8 and 9 of the RTI Act}.

[dr.s.malhotra]

these arguments do not hold much water with courts today . They are of the view that there is no conflict between High Court Rules / SC Rules on one side and the RTI Act on the other , therefore RTI Act can not have over-riding effect over these said Court Rules . With many HCs and SC taking impliedly such view , you know what little an RTI User can do .

If we are to go by the view that RTI Act provisions apply to judicial records then s. 4(1)(c) and (d) would also apply to judicial decisions . We all know it is inviting CONTEMP PROCEEDINGS .

[vsprajan]

1. Section 4(1)(d) applies for administrative, and quasi judicial decisions. Moreover, the Section 4(1)(d) comes into play when the
PIO , appellate authority denies certain information requested under RTI.

2. Moreover, all the orders / judgements of the courts, are invariably supported by reasons which are available in the judgement
itself.

3. With regard to 4(1)(c), it deals with 1) Publication of facts dealing during the formulation of Policies, 2) Announcement of
decisions which affect the public.

4. With regard to the formulation of policies, it is in the domain of executive and not judiciary. Accordingly, under the suo motu
disclosure under Section 4(1)(b)(vii), in the supreme court web site, it is clearly mentioned that it is not applicable.

5. With regard to the announcement of decisions affecting public, they are already available under various links like notices&
circulars,orders and guidelines and other links provided in the web site of the supreme court.

[dr.s.malhotra]

a common example :
a matter repeatedly adjourned without assigning any reasons on the file . These are Orders passed while performing judicial function , but are these Orders really judicial ?