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Thread: RTI in reference to cases pending in courts

  1. RTI in reference to cases pending in courts


    Is it possible to get information under RTI when some cases are pending in courts?



  2. Re: RTI in reference to cases pending in courts


    venu ji,

    If the matter is in the courts, and you are asking information related to those cases, I think it comes under exemption.

    rakatkam.

  3. Re: RTI in reference to cases pending in courts


    Thanks for your reply Sir,

    If I can add up to my earlier question, I would like to explain a typical example.

    A Government Finance Corporation funds a project to a private body and the beneficiary becomes a defaulter. Naturally, the Corporation takes up the matter with the appropriate courts. The cases might be continuing for sometime. However, I did not mean the information regarding the details of the cases pending against the defaulting private body.

    I am interested to know, if I can ask certain information about the Loan agreement with the Corporation and the private body. I am anxious to know if the Private body has, apart from defaulting, violated any terms, clauses and contions of the loan agreement.

    I will be glad if you can guide me about the implications of the RTI in such cases. Will it be still subjudice to reveal any information?

    Thanking you for your prompt answer.

    Namaste

  4. Re: RTI in reference to cases pending in courts



    Dear Venuji:

    The fact that the Government Finance Corporation has files a case in court, against the defaulting body, has no effect on GFC's obligations under RTI.

    So if GFC is required to release information under RTI, it must do so, even if GFC is fighting a case in court, about the same project or information.

    Moreover practically all the papers filed in courts, are in public domain. GFC should provide a copy to anyone who requests these papers, under RTI. The loan agreement is an essential document in the court filings. If you request the court filings you should be able to get the loan agreement.

    Whether the terms of loan agreement were violated or not, is a different issue. Under RTI, GFC does not have to conduct an investigation or give you their opinion.

  5. Re: RTI in reference to cases pending in courts


    You may also like to visit the 'Pending in court' tag of our website:
    pending in court Threads - Forum Tags by RTI India

    Regards,

  6. #6
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    Re: RTI in reference to cases pending in courts


    you will know it very soon enough. let the fuss over sc v. cic at high cout settle down.

    however, yes you will receive an info that you already know viz. so many hearings have been done and the next one is schedeuled on so & so date.
    i will probe this issue and inform youasap
    regards
    divyachakshu

  7. #7
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    Re: RTI in reference to cases in tribunals.


    tribunals, as against regular legal courts, are quasi judicial body.
    what separates it from others is an otherwise excluded clause found nowhere else in judiciary and it states that

    no complaint against procedure of these bodies before any law court can be challenged that the procedure of 'principles of justice i.e. natural justice' have not been adhered to.
    2 questions

    1. do u consider it morally correct?
    2. with respect to RTI act of 2005, do you think it directly affects your right to info as with having info too, you can not do anything as per the clause above?
    3. according to you such clauses interefere with democratic principles and affect all of us?
    4. how do you suggest to rectify it (if u think it is improper) or how it can be implemented without affecting peoples' rti (if u think the clause is appropriate) .

    PS : FRIENDS INTERESTING IN PERSUING THIS ISSUE FURTHER ARE WELCOME
    REGARDS

    DIVYACHAKSHU
    Last edited by ganpat1956; 27-01-09 at 07:48 PM.

  8. #8

    Re: RTI in reference to cases pending in courts


    I want to know the meaning of subjudice and where some details of subjudice is available.
    Last edited by sngupta; 25-01-09 at 05:35 PM.

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