Upgrad LLM

rti on judges?


Hi,

Can RTI be filed in regard to a criminal case to ...

 

1)Magistrate who has taken cognizance of criminal case under crpc 200?

2)Magistrate of trial / sessions court who initiated trial on criminal case

3) HC judges in relation to a writ petitions

4)supreme court judges?

 

Thanks

Raj

 
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Senior Partner

@ Author,


1.
Right now NO.

2. ‘Sensitive’ matters the judiciary is unwilling to give includes complaints making serious allegations about sitting judges of higher courts and consequent records of In-House inquiry proceedings, appointment of judges of high courts, written opinions/views on prospective judicial candidates and judgments/orders prepared and circulated to other members of the Bench before they are officially declared.

3. S. 8 of RTI Act needs suitable amendment to effect specific question that you asked to the forum.

4. Minister of Law and Justice is looking into it since 2009 on behest of PMO.

 


However if you are unsatisfied with verdict of trial Court then Sessions Court is appelate option and still not satisfied then HC is writ option and further if you are still not satisfied by HC verdict in suit matter then Hon’ble SC under COI is answer. What good RTI reply will do in all such cases of litigants if they are cross about decisions of trial Court - sessions court - HC and even that of Hon’ble SC in probably his own case of  say S. 200 CrPC as asked !


Could you explain that to the forum?

 
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practising Advocate

The judiciary is answerable only under due process of law.

 
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Assistant

RTI is for seeking information but  so far judicial proceeding is concerned it is to be noted that before the RTI came into existance , from the day the process of court started, right from the prevy counciel days document of court were made accessable to general public by a procedure made by the concern court ( e.g. Civil court rules or criminal court rules). Although the exemption section of RTI does not debars such application, it will not be proper to seek information under RTI about a judicial proceeding,when it can be obtained by the general procedure of the court. Here I may say that as regard any administrative decision information can be sought from the lower court, high court and even the supreme court through application under RTI Act.

 
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advocate / commissioner of oaths

Sir,

RTI Act can be applied to know the status of the case pending before the concerned courts. But the application cannot be addressed to the judges of the courts.In case of a Writ petition you can seek the information through the Registrar of the High Court or the Supreme Court . In case of the lower courts the information officers as assigned by the High court. 

 
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