Upgrad LLM

right to information act


Whether Right to information act is applicable to courts in India?

Can accused make application before the Judicial magistrate for some vital information under right to information act?

if he rejects this application,can the counsel appeal to higher court?
 

Vijay

 
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marketing

RTI act is applicable to courts in india.

Even accused can make application (not direct to the judicial magistrate) to the PIO of  the relevant court.

If PIO rejects information ,file first appeal to the appellate authority.  For any further guidance on the topic,you may visit rtiindia.org.

 
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Student

I concur with Mr.Mahendera Kumar.

Best Regards

Daksh

 
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Advocate

there are some seminars....going on now a days....on JUDICIAL REFORMS................in which the Topic for discussion is....why not Indian Jud....is covered under RTI....and what will happen if it will be covered....

 

lets c....discussions are going on...may be it will be covered under RTI soon..........

 
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professional Advocate

i agree with Mr. Mahendra.

 
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Eye Specialist

I         AGREE          TO          MR.   MAHENDRA    KUMAR.

 
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marketing

dear Alok Motan,

 

Indian Judiciary is already covered under rti now.  It is an established fact that the implementation of RTI in judiciary has created some embarassing situations for them and some sections are thinking as to how to escape from the "transparency" demanaded by this noble act.

 
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dear members

i think this is the best thread to post my views.

it is disturbing to note that the PM of all people is thinking of  amending the RTI act just few years after its passing.

i heard that madam soniaji is opposed to any amendment. according to leads from mr.subhash chandra agarwal, a leading RTI activist, she was the one responsible for passing the act.

it appears that CJI wants his office to be kept out of the purview of the act. that's why the supreme court appealed to the delhi high court. i do not know whether they will appeal to supreme court itself against the full bench decision.

i think the judiciary cannot have any blanket exemption from RTI act. the courts cannot be equated with CBI, BSF etc. they do not investigate into any crimes etc. in fact, the activities of the courts should be totally transparent.

at best exemption can be given to cases where orders are yet to be passed on any matter before any court. once an order is made public, the citizen would have every right to have information about it. but not before passing of the orders. similarly, exemption can be given for information on appointment to higher judicial posts. already a similar exemption has been given to cabinet deliberations. once an appointment is made, the information has to be shared with the public. 

similarly, the rejection of frivolous complaints or appeals - this is a matter which is a prerogative of the information commissions. the commissions are already rejecting many such complaints or appeals as frivolous and unnecessary, there is no need for any amendment on that ground.

on the other hand, no right should be given to the PIO or the AA to reject any application for information on the ground that it is frivolous. otherwise, the whole purpose of the act will be lost.

i also heard that the information commissioners of the country are opposed to any such amendments.

what does the forum think on the crucial issue? i have already e mailed the PM requesting him not to move to amend the act.     

 
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marketing

 In a recent mmeting with the information commissioners of the country, about 90% of the commissioners have opposed any such reforms.  However,it seems that Our PM is in favour of reform exempting CJI office from the purview of the RTI act.

It is rumoured that Sonia Gandhi is opposed to such reforms.

Under the prevailing condition in India and in Indian Politics, If Sonia is really against such reforms,does anyone of you think that "PM" will go ahead with reform"?

Courts may not be asked to reveal reasoning under section 4(1)(d) of the rti act 2005 for any judgements they make.

 
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