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Thread: New File Added: Judicial documents can be accessed under RTI

  1. #1
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    C J Karira
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    New File Added: Judicial documents can be accessed under RTI


    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.



  2. Re: New File Added: Judicial documents can be accessed under RTI


    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}.
    Exercise your Right To get Information by holding Govt. accountable to the governed.
    Preamble:"
    democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed".

  3. #3
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    Re: New File Added: Judicial documents can be accessed under RTI


    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 .

  4. #4
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    Re: New File Added: Judicial documents can be accessed under RTI



    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.

  5. #5
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    Re: New File Added: Judicial documents can be accessed under RTI


    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 ?

  6. #6
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    Re: New File Added: Judicial documents can be accessed under RTI


    With regard to the adjournments, the provisions in CPC as well as in Cr PC mandates the court to record reasons for adjournment and in the recent amendment in CPC, the maximum adjournment is limited to three. Moreover, any order / judgement without having any cogent reasons specified therein, is void in law, and it can be safely assumed to have obtained by extraneous reasons ( as per the decision of the supreme court in oryx fisheries limited). Any such order / judgement bereft of cogent reasoning is always amenable for judicial review by a higher bench / forum

  7. Re: New File Added: Judicial documents can be accessed under RTI


    @vsprajan
    Dear Rajan, Pl. explain the line
    Moreover, the Section 4(1)(d) comes into play when the
    PIO , appellate authority denies certain information requested under RTI.
    w.r.t sec 4(1)(d):Every public authority shall provide reasons for its administrative or quasi-judicial decisions to affected persons.
    Exercise your Right To get Information by holding Govt. accountable to the governed.
    Preamble:"
    democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed".

  8. #8
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    C J Karira
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    Re: New File Added: Judicial documents can be accessed under RTI


    Quote Originally Posted by dr.s.malhotra View Post
    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 .
    But, there is a conflict between the various HC Rules and the RTI Act.
    (please read the those HC rules carefully)
    That is why RTI Act should prevail as per overiding provisions in Sec 23.
    Twitter: @cjkarira

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