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Sc: rti act doesn't apply to judgments

SC: RTI Act doesn't apply to judgments

Can a judge be asked under the Right to Information (RTI) Act as to why and how he came to a particular conclusion in a judgment? No, says the Supreme Court. The apex court saw the mischief potential of queries under the RTI Act in relation to a judge and his judgments and a Bench comprising Chief Justice K G Balakrishnan and Justice B S Chauhan firmly said that a judge speaks through his judgments and he could not be made to answer questions relating to his verdict in a case. "A judge speaks through his judgments and he is not answerable to anyone as to why he wrote a judgment in a particular manner," the Bench said dismissing an appeal filed by one Khanapuram Gandaiah, who had not even challenged the verdict in his case before an appellate forum.



 4 Replies

surjit singh (Assistant)     25 October 2012

It is true, a judgement should be always be a speaking one. While comming to a conclusion the judge elaberates the question raised in the application, so there is no question of asking such question under RTI Actually RTI act is for getting information/documents, it is not for asking how the decision have been arrived at. People asking such question are misusing the RTI Act.

pratik (self working)     27 October 2012

yes i do agree with the supreme court & also there is a judgment given by the SC that if a judgment is not a speaking judgment then it cannot be said as a binding precedent at all.

 

Thanks

 

 

Pratik.

narendra.s.p (Chief Manager(Law))     09 November 2012

Please inform the citation or date of judgment, Parties & SLP No.

Dev (Manager)     21 November 2012

The RTI act 2005 is applicable to the legislature and judiciary bodies and any citizen can know about the information from these bodies. It also covers those bodies which are partially financed, directly or indirectly by funds provided by the government and are non-government organizations.


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