LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Yogesh Barthwal   25 October 2021

Can i submit a document obtained under rti act by someone else in the court?

Can I submit a document obtained under RTI act by someone else in the Court?
The said information has been obtained by a friend of mine.
Now do I need to obtain the same information again to be able to present it in a court or I can use the document obtained by my friend?


 5 Replies

Anusha Singh   25 October 2021

As per your query it is understood that you need information regarding the documents which are obtained by RTI.

The Right to Information Act, 2005 (‘RTI Act’) is frequently used in civil and criminal litigation to obtain government documents. However, the RTI Act is silent about the admissibility and proof of such documents in a trial. High Courts across the country have interpreted the Indian Evidence Act, 1872 and handed down conflicting decisions in this regard. Through an examination of these decisions and a reading of the provisions relating to documentary evidence, we argue that copies of public documents obtained under the RTI Act should be treated as certified copies of public documents and directly be admitted in evidence. Similarly, response letters from RTI officials are primary evidence of public documents and should similarly be admitted without any corroborating oral evidence. While there might be concerns that this approach might violate the rule against multiple hearsay evidence, such fears are unwarranted. This the approach would not only be correct in law, but would also avoid unnecessary delays in an extremely overburdened judicial system.

The RTI process does not allow the applicant to file the application anonymously, but it is possible to ask someone else to file the RTI for your behalf. A person can request this website to file a RTI application and the response for the RTI would be updated on their web-site.

While you are submitting those documents in the Court you can mention that these RTI documents were filed by your friend and not you to avoid any future issues.

Hope it helps!

 

Regards,

Anusha Singh

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     26 October 2021

You can very much submit the RTI documents  in the court.A certified copy of a document received by virtue of RTI Act is secondary evidence as provided under Section 63 of Evidence Act, 1872. It can be used as Secondary Evidence in Court, since it is part of the Government records and provided by Govt. Authorities, certified under Govt.

Yogesh Barthwal   26 October 2021

Even if I personally didn't apply for the RTI, but got it from a friend?

G.L.N. Prasad (Retired employee.)     26 October 2021

Who obtained is immaterial, whether there is a rubber stamp with the signature of the authority is enough.  A public document can be obtained and used by any person.  Even when it is simple information and not a document, it is valid evidence, as it was obtained as per Acts.

P. Venu (Advocate)     26 October 2021

If the case in a civil court, you may have get the document admitted in evidence through a competent witness.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query