Is information received under RTI act admissible in evidence
4WhatIsRight
(Querist) 24 April 2018
This query is : Resolved
I raised a specific query under RTI ACT seeking answer in affirmative or negative.
The reply received from information officer was vague.
I approached appellate authority.
A date for hearing was fixed.
Appellate authority ordered information officer to reply in specific.
The information officer obliged and supplied the information in very specific.
Now I want to use the same as evidence in suit filed as it would expose the opposite party's false allegations / claims.
Can this information, reply to specific issue, be used as a primary evidence before the court?
Can experts please help me with supreme court orders / ruling / decision notice ?
Sudhir Kumar, Advocate
(Expert) 24 April 2018
if you feel information received under RTI cannot be used as evidence then for what matter it is obtained.
Ms.Usha Kapoor
(Expert) 24 April 2018
Information received through RTI is primary evidence and is admissible as such in a court of law.
Ms.Usha Kapoor
(Expert) 24 April 2018
Information received through RTI is primary evidence and is admissible as such in a court of law.
Kishor Mehta
(Expert) 24 April 2018
The sequence of evidence has to be submitted, 1. Copy of RTI application and its submission, 2. Reply to the application, 3 Further procedures, 4. Payment, if any, for the information, & 5. The information received. These can be submitted as evidence in a Court of Law.
A. A. JOSE
(Expert) 24 April 2018
Yes, information received under RTI is admissible as evidence.
A. A. JOSE
(Expert) 24 April 2018
Yes, information received under RTI is admissible as evidence.
A. A. JOSE
(Expert) 24 April 2018
Yes, information received under RTI Act is admissible as evidence.
4WhatIsRight
(Querist) 24 April 2018
A sincere thanks to all experts.
But can you help me with few citations?
4WhatIsRight
(Querist) 24 April 2018
A sincere thanks to all experts.
I would further like to add that I am representing a company in the suit and I had collected this information in my personal name after a resolution was passed by the plaintiff company , Authorizing me to do so as RTI query from company wasn't accepted by the information officer.
But can you help me with few citations?
Ms.Usha Kapoor
(Expert) 25 April 2018
Not only Public authorities but information received from Private bodies is also covered by RTI.
The Indian Legislature did not include private bodies under the RTI directly. But in the landmark judicial pronouncement of Sarabjit Roy v. Delhi Electricity Regulatory Commission,it was reaffirmed by the Central Information Commission that privatized utility companies are also included under the umbrella of the RTI Act, regardless of their privatization. One of the common misunderstandings among the general public is that only those entities which are a subsidy to the government or are funded by the government are under the purview of the RTI Act. But the fact is that private bodies also falls under the RTI whether or not they are substantially funded or aided by the government
For further information click the following link.
https://www.quora.com/Does-a-private-Ltd-Company-come-under-RTI
Ms.Usha Kapoor
(Expert) 25 April 2018
I once again reiterate that information received through RTI is primary evidence and admissible in a court of aw even though it is a private body subject to some exceptions.
rajeev sharma
(Expert) 25 April 2018
Firstly the document collected through RTI may be used in evidence BUT those have to be proved by a witness of he concerned department for which you have to request to court to summon him. Secondly a a corporate body may not file application under RTI Act hence if you as an authorized person asked for the information in individual name that may certainly be used by the company.
