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Manohar Manu (NA)     24 March 2017

Query about rti

Dear Legal Team,

Is it possible to file RTI application about Judgement passed by trial court ? i.e can we ask for what reasons did judge give such judgement ? Is it possible ?




 7 Replies

Dr. Atul [9013898936] (Lawyer, Scholar)     24 March 2017

Absolutely not. The reasoning would be contained in the judgment itself which can be obtained by applying for a certified copy. RTI does not envisage giving opinions in any event. If the decision is not reasoned, the most that could be done is the aggrieved party challenging it in appeal.

1 Like

Manohar Manu (NA)     24 March 2017

Ok.. Thanks for the information Sir..


Great ID is partly correct.

Everything depends on the way you ask.  You can ask anything under RTI.  But remember, you get answers based on your question.  So it toally depends on how you pose the question.  Whether to give answer or not is left to the person whom you ask.  Judge has discretionary power which makes them Demi Gods, you cant question them.  

s. ganesan   25 March 2017

I like say that a judgment cannot be given under RTI act. Because every highcourt has framed seperate rules under the RTI act.  Any document or judgment which is to be applied by way of certified copy cannot be obtained under RTI act.  Further, No judgment can be called in question as to reason and way in which the findings arrived.  It can only varied only through appeal or revision.  The judges protection act and other acts gives them immunity from questioning the judgment or criticism there on. This is my humble view

Kishor Mehta (CEO)     25 March 2017

Sir, Please understand that RTI stands for information, and one can ask for information only. To ask for anything else is out of its purview. Good luck, Kishor Mehta

G.L.N. Prasad (Retired employee.)     25 March 2017

Under RTI, one not can question the quality of decisions and can seek information that is available as a record.  Why, How etc., are inferences.  PIO is not supposed to deduce any thing or cull out information from the record, information is that which can be given as it is in the record..

The stand was made clear in AP High Court Judgment, where applicant has solicited such information on a judgment given by a court in a case of property.  The remedy is only through appeal against such judgment.

RTI is not a remedy.  It is only a road and never a distination.

rajeev sharma (Advocate Ex senior manager law )     25 March 2017

i fully agree with  Mr Prasad. An information has to be a record available. Any record which is available in public domin may not be asked under RTI . it is rightle said by Mr Prasad that reasons for arriving at a conclusion are always available in the judgement.

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