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Aishwarya (Teacher)     08 December 2011

Rti to supreme court of india

If a person does not find a proper explanation in a judgement by the honorable supreme court 

Can he file an RTI asking for the proper logical explanation for the decision .


 21 Replies

Pvt_RajKing (Private)     08 December 2011

No. RTI cannot be used for this purpose & this one I am positive... I think you can file an application with the court for the same with the help of a lawyer...I may be wrong on this one tough..

Radhey (Owner)     08 December 2011

   Great query Ash, me too was thinking similar things, you have asked about Supreme Court only, I think this should be applicable for all the Courts, many times while reading the Court Orders it seems that Courts have concealed a lot many vital points or many things are vague or illogical in their orders, I am not sure but if through RTI it is posssible to ask for the explanation, this will become something revolutionary and can reduce corruption in judiciary. but as far as I know, the RTI you can ask for the info which is already on record, you can not ask to produce the info which is not on public record, so the RTI Officer will reply that there is no record for the things asked by you and THE END..... 

Radhey (Owner)     08 December 2011

rajking Ji, even if you file an application then first  you should be party to the case and if not a party you will not be alowed to enter the case, even if you know that there is some corruption/wrong happeneing and even if you hire an advocate and file an application, then also the judge is not bound to explain the things to you---that is what called Judges's accountability right now, lacking in our system and in the name of Discretion--judges are free to take bribe and judge how they wanna judge.


Hope I am helpful.

Aishwarya (Teacher)     08 December 2011

thnx for encouraging radhey ji ..

I know it just striked to me..or query ekdum mast haina...i wish it is possible to question the sc too for the decisons it takes.. ive seen sc ka jo bhi judgements hai usme there's no explanation written in orders.. as how thy reached it..RAJA hai pure kuch bhi karenge humko manna padta hai.

.and sometimes evn providing them with evidence and loads and loads of judgements they stick to their decisions kabhi kabhi khudka rules and laws bhi contradict karte hai...

.not much happens in reveiw petitions also..aise me there should be alternative i dont know if RTI works or not ..but surely i wish it happnes and applies to sc as well

Radhey (Owner)     08 December 2011

AISH, RTI has its limitations, it can not produce info, only the info on record can be gotten, as i have already said.


New laws/systems should be needed, in fact Judges have been given so much value as if they are gods.Corrupt society corrupt judges.


Social values/ futile morality/ all are to be striken/ laws and systems would not work alone.

Radhey (Owner)     08 December 2011

Ash, please read "create" instead of "produce" in my previous post--a mistake on my part.

rajiv_lodha (zz)     08 December 2011


RTI can give u wats as per record........hence no use in this case. filing application with the help of lawyer is the only answer.

Regarding absurd judgments by judges, I think, the JUDCIAL ACCOUNTABILITY BILL CIVIL SOCIETY IS TALKING........MAY COVER IT..........Hope

Aishwarya (Teacher)     09 December 2011

Thanx everyone for the reply.. Hence its a long long long wait for getting fair justice, as RTI has so many limitations and Jan Lokpal bill is a dream today..

Pvt_RajKing (Private)     09 December 2011

I think most of us have spent our time in answering the question as to whether RTI could be used for such purpose and that topic is closed now... but I don't think we truly understood exactly the issue that the poster wanted the court to clarify...

Dear Aishwarya,

Could you please give us the copy of the judgment and highlight the portion that you wanted the court to clarify?

This will help us understand the options available to you if you are a party to that judgment.


Also, the trial courts are supposed to make available the judgment to the parties for review and parties can review and provide feedback on the judgments where in they can highlight any missing/incorrect pieces of relevant information, missing logic, references etc. Similarly, the parties are expected to review the recording of the evidences and correct the same... But unfortunately most do not do this and the judges also don't make these options explicitly available. But I still think that if a lawyer (of any of the party ) wants to make such changes he can always file an application and force the judge to do it (so long as the lawyer is correct)... I know this can be done as per the CPC in civil cases and I am assuming the same should be true in criminal cases as well.



Radhey (Owner)     10 December 2011

Rajking Ji, I do not think that you are right that we misunderstood ,what the Ash wanted thorugh this post,if we had been wrong, she certainly will have expressed, rather she thanked us all in the end.Ash, had psoted this issue in general, I think, not for any particular case.

But you are right here that judges may be asked for the clarifications regarding their judgements but I have least faith that in the present situation, they will clarify what you should be clarified in exact manner, they will certainly hide what they had hidden and they will clarify what they wanna clarify.

For that type of clarification which Ash and me and Mr. Lodha were talking will come through a proper Judge's accountabilty Bill, provided it has teeth, or a good lokpal bill or some unknown bill only.


Hope I am helpful

Radhey (Owner)     10 December 2011

Here I wanna add one more thing that what Mr. Raj King has suggested that the judges should be asked / forced for giving the clarifications, may prove an instrument very very powerful, But i think many amny advocates won't be knowing this or even if knowing would not be having courage of doing this, I have seen many advocates so much submissive in front of the Judges as if they are doing some thing very wrong in just pleading for their clients, thier voice is so feeble, they seem to have no confidence in their own word,OR many are afraid that if their voice or manner will become strong in the Court, they may be charged with contempt of court by the sitting judge.

But if this practiced may be very helpful for all, Bravo Mr. Rajking

Aishwarya (Teacher)     11 December 2011

Yeah !  this query is in general terms only....and Just in case id wish to know , as it striked to me if it was possible or not..

I agree with all the expert opinions here and would thank u all for enlightening me..

In any case though i wish that the judiciary should make clarifications for the decisions it makes for the common people , but what can one do ..IF., 

" On record order is a one liner or a two "

   "RTI in that case has nothing to do"

Radhey (Owner)     12 December 2011

Ash, myself no expert, I could share because I am facing something similar  in my practicle life.

Pvt_RajKing (Private)     13 December 2011

I am NOT at all sure if the judicial accountability bill enhance the quality of judgments and abusive or ignorant judgements. Most of the corruption takes place in the form of judgments that is either not reflective of the law (ignoring the representations by the parties) or intentional omission or discount or obviously illogical reasoning... I didn't anything in the bill to solve this issue..

I would love to hear form other members...

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