RTI perview to get law position on a given situation

engineer

Dear All,

 

I have a question on law as below and would like to know this kind of information comes under RTI purview or not.

 

  1. Kindly supply me the information on jurisdiction applicability to the Hon’ble Court, that have the jurisdiction over the area Guntur in Andra Pradesh, to try a criminal case with circumstances described below:
 
“Accused and complainant/wife, of a section 498A IPC case, lived certain period of time at Guntur i.e., wife native place, in Andra Pradesh then lived at Chennai i.e., matrimonial home of wife, in Tamilnadu state for some period of time and then lived at Cuddappa i.e., in-laws home of the wife, in Andra Pradesh state for some period of time in India. While accused was living at Guntur, no allegations attracting the alleged offence taken place at Guntur as per the complainant’s FIR and the charge sheet filed U/s 173 by the police. Further submit, all the allegations attracting the alleged offence taken place partly at Cuddappa in Andra Pradesh State and partly in Chennai in Tamilnadu State”.
 

Shall ask PIO of High COurt or PIO of Supreme Court openion on this matter. Does this kind of information comes underr RTI purview?

 
Reply   
 
Advocate and Arbitrator Formerly Civil Judge

The query seeks legal advice; it may not be entertained under RTI.

 
Reply   
 


engineer

Hon'ble Bharath Sir,

 

In RTI Act, applicant can ask information on advice, openion under Chapter-I, section-2 (f).

Here I am seeking advice from law deparment.

 

Shall I go ask this information under RTI?

 
Reply   
 
FOUNDER-PRESIDENT DR. BABASAHEB AMBEDKAR DEMOCRATIC RIGHTS FORUM (DRF) - The Foundation for Social Justice and Constitutional awareness for trial of public service. (Ph.9322246333) drf.india@gmail.com

"Information" described in RTI Act 2005 is "Any document in the form of paper or electronic such as copy of data in computer, any material like if any citizen wants to know the sample of the cement used in construction of a building in which public money is involve.  Query in the form of question-Answer does not mean "information" as per RTI Act.

 

You may ask the copuy files and documents which are underr control in Police station or in court including statements.  

 
Reply   
 
Medical Value Travel

Ld. members are right.

As per RTI Act the information asked by you relates to Judicial proceedings or judicial functioning of the Court or overreaching a decision of any judicial body which are barred under Rule 7 (v) (vi) of the Delhi HC (RTI) Rule 2008.


The above is stand of Delhi HC through which similar que. are barred atleast in Delhi.

Now check your High Court Rules and announce here if appropriate for others common consumption.

Rgds.  

 
Reply   
 
engineer

Hi,

 

Here I di dnot ask the information on any judgement .... I asked the law related to the circumstaces to take action as per law.

 
Reply   
 
UNEMPLOYED

WHEN YOU ARE EGGAR TO DO RTI, BETTER YOU DO IT, INSTEAD OF ASKING.

IT IS A NEW THINGH. LET US KNOW THE RESULT BY POSTING AT LCI.

 
Reply   
 
engineer

Hi Arup,

 

Just to confirm I posted this ....

 

I filed a RTI to one court seeking information on: what are the requirements needed to file Review Petition on  court order in the same court as per law.

 

I am waiting for the answer.

 
Reply   
 
FOUNDER-PRESIDENT DR. BABASAHEB AMBEDKAR DEMOCRATIC RIGHTS FORUM (DRF) - The Foundation for Social Justice and Constitutional awareness for trial of public service. (Ph.9322246333) drf.india@gmail.com

 

Chapter-I and Section 2 (f) are referred by Mr. Shiv.

 

Section 2(f) is reiterated;

 

"Information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any law for the time being in force.

 

"Information" means any material in any form, it means what ??? "in any form".. it means what ??? "form" means what ???

 

As per my knowledge, it mean the information asked should be  "materialistic".. "material"...

 

So the "advices, opinions" means "advices, opinions" that is on record with the public authority whichever have been made for functioning the office and execution of public work assigned to that public authority.

 

"IT IS NOT THAT - THE PEOPLE CAN TAKE ADVICES, OPINIONS LIKE LEGAL ADVICE UNDER RTI ACT."

 
Reply   
 
Medical Value Travel

I agree to Sh. Ram Samudre,

Had it been the case all Hon'ble Judges role would have become that of a typist to give replies to flooding RTI Appliacations and detailed replies on Law points to reply in 30 days to a Applicant and all Ld. Lawyers would become dispatchers of Court as no client would come to them and simply send Rs. 10 IPO to Court and seek Legal Opinion.

Apologies to all professionals and respected Judges with my blunt illustration above hope my message is conveyed what actually I mean.


Rgds. 

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Forensics & Evidence     |    x