Right to Information Act.
Y Saiteja
(Querist) 28 September 2016
This query is : Resolved
Can i seek court record (information) under RTI Act, as third party to the record ! what is legal position...kindly let me know.
Raj Kumar Makkad
(Expert) 28 September 2016
No is the sole reply to your query. A third party is not entitled for the grant of such record not pertaining to him.
Guest
(Expert) 29 September 2016
RTI , I feel is not proper solution for this because I read some rules framed by High Court for providing information under RTI to high court and sub-ordinate court
1) When there is standard procedure to take search , or certified copies then only that procedure person has to be followed to get copies or information.
2) Now in Civil Manual (Sub-ordinate court under Bombay High Court) there is different procedure , 1) You need to give application mentioning reason why you need record when you are not party to the proceedings 2) Affidavit in support of application 3) You need to convenience Judge that indeed looking at record is necessary like informing him that this matter related to property which is owned by me or myself claiming some title , if required you need to give some supporting documents etc. and then Judge pass written orders that Third party can see the brief , many times instead of permitting to see the brief Judge insist you take Certified copy of it since you are not party to suit etc.
3) Additionally third party procedure under RTI act is bit different in this RTI act third party procedure states person affected by giving information should be intimated their views for giving information should be taken and then finally information should be given ( This clause is for private matters not public matter , private matter means Govt or semi Govt has some documents which are private documents in their custody , like Income tax return of individual giving details of all accounts income etc, so such private documents can not be given. But documents relating to tender for construction of roads etc are public documents)
4) So if you compare two rules one framed initially for decades for sub-ordinate court for taking search or certified copy and rules framed under RTI 2005, I feel old rules where comparatively easy because just I need to convenience judge.
5) There is bit procedure difference but I feel if you go by standard judiciary procedure in judiciary that will be very easy as whole system is use to it but I understand fact that ordinary person is afraid of judiciary for giving application to judge taking permission etc. nothing like that they too are humans
6) Additionally when I visited some other court like (Poona Court) I saw Lawyers consumer society have made application for certified copy in legal language just take it put exhibit no. , put signature and submit it to Court no need to put energy to draft too , Further clerical Process you may ask clerk he can guide you better in this because it is clerical level management of process
7) One imp. point I missed in Judiciary proceedings there are some proceedings which are not done in open court they are done in camera , like examination of rape victim etc. So if your matter comes under provision which documents should not be given then Court will deny it .
Additionally its not my field but I think I read matrimonial proceeding of sub-ordinate court can not be published . So if you want to check documents related to matrimonial dispute , If you are not party to it then Judge will deny it , because that proceeding is between Husband and wife and should not be disclosed to general public .
P. Venu
(Expert) 29 September 2016
Please post the complete and material facts.
Raj Kumar Makkad
(Expert) 29 September 2016
Go through the following case which may benefit you:
Supreme Court of India
R.K.Jain vs Union Of India & Anr on 16 April, 2013
Author: ………..………………………………………..J.
Bench: G.S. Singhvi, Sudhansu Jyoti Mukhopadhaya
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2013
(arising out of SLP(C)No.22609 of 2012)
Rajendra K Goyal
(Expert) 30 September 2016
Academic query, state material facts of the problem if any.
How are you related with the problem?
Raj Kumar Makkad
(Expert) 30 September 2016
When querist has mentioned 'whether I...' then his relation with the query is open and clear.
Rajendra K Goyal
(Expert) 01 October 2016
Author has not disclosed complete material facts.
Raj Kumar Makkad
(Expert) 01 October 2016
Non-mentioning of facts and relevance with the query are two different things.
Rajendra K Goyal
(Expert) 02 October 2016
disclosing of the facts may reveal the concern on academic query.
Raj Kumar Makkad
(Expert) 02 October 2016
AND that might be the sole reason for not coming forward despite of the repeated reminders and instigation on the part of various experts.
Guest
(Expert) 02 October 2016
Person should understand who ask question we put all our energy to solve your problem , but when you don't reply to certain question raised it confuse us about your intention to ask question.
Additionally Anonymous query this too now every one should even don't reply just ignore .
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To author
I was just thinking randomly that I should give contact details of Former Central Information Commissioner Shailesh Gandhi sir, if you have serious interpretation issue regarding RTI.
-------------------------------------
TO other seniors in forum
Shailesh Gandhi Sir, (Former Central Information Commissioner ) (Before getting selected for that post a dynamic RTI activist from Mumbai) has written a book which was published online by him today
This Book was forwarded by Former Supreme Court Judge Justice B. N. Srikrishna
Book is available free to read online.
I got details from Shailesh Sir , and here I post link of the same which he gave
http://www.satyamevajayate.info/rtibook
Guest
(Expert) 02 October 2016
TO All
Shailesh Gandhi Sir, (Former Central Information Commissioner ) (Before getting selected for that post a dynamic RTI activist from Mumbai) has written a book which was published online by him today
This Book was forwarded by Former Supreme Court Judge Justice B. N. Srikrishna
Book is available free to read online.
I got details from Shailesh Sir , and here I post link of the same which he gave
http://www.satyamevajayate.info/rtibook
Guest
(Expert) 03 October 2016
@ All just for non mumbai person
Few information about
Shailesh Gandhi Sir
How RTI was used by him in landmark incident
1)
He use to run industry , when he was common person unknown to anyone he sent application under RTI and in such manner he asked information , that he did not get information but reply "Concern Police Officer is demised from services" . -- It shows power of RTI .
2) Sitting Minister and Secretary he asked for medical record because Supreme Court had sent him to Jail for contempt and Minister spent time in hospital. When he asked for information entire state information commission bench hearing took place against powerful minister , and when he got records he published and Minister was sent to Jail again.
3) Thus he showed what Common Man can do with RTI , latter as RTI activist he was directly appointed Central Information Commissioner of India (He has done PG from IIT , and authority in subject)
