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colnrkurup

RTI Act: Court officials told to give out document:

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colnrkurup

Hurray!!! The SIC, Kerala rose to the occasion for the first time!!

The Keala State Information Commission has in a unique decision, asked the Kerala High Court to provide the document an information-seeker has asked for under the RTI Act. In a recent decision the Kerala SIC asked the court's PIO to provide the copy of a writ peition for free to the applicant within 15 days.

 

The Commsion also dubbed invalid Rule 12 of the Kerala High Court (RTI Rules 2006). It said Rule 12 was a total negation of the right of a cityzen and the declaration of the Act that "All citizens shall have the right to information "

 

Rule 12 says 'No application for information or document relating to anyjudicial proceedings shall be entertained under these rules" .

 

The commission noted the court officials' contention that there were alternative ways for the applicant to obtain the documen he had sought, and commented that it was up to the applicant to choose his option. "The RTI is not shutting out the alternative remedies available to the requester". But it is upto the requester to avail himself of the option as provided and, when he had chosen ro seek information under the RTIAct 2005 it could not have been disallowed

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karira

colnrkurup,

 

Congratulations !

I am not too sure, but I think this is the first time that ANY rule pertaining to RTI, in any place in India, has been held invalid by a SIC.

opsharma is correct - persistence and patience pays.

 

But lets not get very excited. Maybe, the PIO of High Court challenges this decision in the court.

 

Can you please post a copy of this order/decision.

There is another person in Madhya Pradesh asking for something similar.

It can be of use to him.

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colnrkurup

Sorry! I don't have. This is from the Hindu of to-day.

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karira
Sorry! I don't have. This is from the Hindu of to-day.

 

Please give due credit to the publication and the reporter, along with the date of publication, in order to avoid copyright issues.

 

If you cannot edit your post, just state it in a separate post in this thread.

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opsharma

RTI Act: court officials told to give out document

 

 

Special Correspondent

 

 

 

 

 

Official told to provide document withing 15 days

Rule 12 of High Court Rules dubbed ‘invalid’

 

 

KOCHI: The Kerala State Information Commission has, in a unique decision, asked the Kerala High Court to provide the document an information-seeker has asked for under the Right to Information Act.

In a recent order, Chief Information Commissioner Palat Mohandas and Information Commissioner P.N. Vijayakumar asked the court’s public information officer to provide the copy of a writ petition for free to the applicant within 15 days.

The commission also dubbed invalid Rule 12 of the Kerala High Court (Right to Information) Rules 2006. It said Rule 12 was “a total negation of the right of a citizen and (the) declaration of the Act that ‘All citizens shall have the right to information’.”

Rule 12 says: “No application for information or document relating to any judicial proceedings shall be entertained under these rules.” It was quoting this rule that the High Court’s public information officer and the appellate authority, the registrar-general, had rejected the request for the copy of a writ petition made by A. Ibrahim Kunju of Vadavadichira in Alappuzha district.

Challenging the contentions of the High Court officials, Mr. Kunju, in his appeal to the commission, argued that the Right to Information Rules framed by the High Court was invalid as they were inconsistent with the Right to Information Act.

The commission noted the court officials’ contention that there were alternative ways for the applicant to obtain the document he had sought, and commented that it was up to the applicant to choose his option. “The Right to Information Act (is) not shutting out the alternative remedies available to the requester,” the commission said. “But it (is) up to the requester to avail himself (of) the option as provided; and, when he had chosen to seek information under the Right to Information Act 2005, it could not have been disallowed.”

The commission’s decision is said to be the first time that a State Information Commission has challenged the Rules framed by a High Court regarding handing out of court documents sought under the Right to Information Act.

A writ appeal challenging Rule 12, 13, 15(2) and 16 of the Kerala High Court (Right to Information) Rules 2006 and the Right to Information (Subordinate Courts and Tribunals) is currently under the consideration of a Division Bench of the High Court.

 

 

 

 

This is the article published in THE HINDU on Friday the 25th April 2008.

 

 

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slchowdhary

I have asked Asst Dir Prosecution for a copy of a document supposed to be with him under RTIA. He has quoted, in addition to 8(1)j and other reasons, section 124 of Indian Evidence act to deny the information. I am sure, he is wrong. I am appealing against it. But I shall like to be enlightened on this.

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Spandi13

Dear All,

I have a funny feeling the Hindu Reporter has gone overboard with his interpretation of the SIC judgment Order.

Please refer the link below for the article that appeared in Hindu

https://www.thehindu.com/todays-paper/tp-national/tp-kerala/RTI-Act-court-officials-told-to-give-out-document/article15210012.ece

Also, attached is the SIC order which was interpreted by the Hindu Reporter for his article dated April 25, 2008.

I am struggling to find out in the SIC report about the mention of the line  "Official told to provide document withing 15 days" in the entire order.

Infact, the SIC has disposed of the appeal stating, the appellant tried to agitate the constitutionality of the Rules which is invalid. Also, he was pointed in the right direction for the requested information by the Appellate Authority. Also, he was a total out and out outsider to the information requested, hence his request couldn't be accommodated.

Best Wishes,

Spandi

 


 

 

 

 

 

 

 

15-2-08_AP_211-07_A_Ibrahim Kunju.doc

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Prasad GLN

Hindu is established as most authentic news paper that maintains standards.

There may be mistakes any where.   Moderators must delete such reports published in early stages, as members may be mislead by such reports which are different from facts in judgment.

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