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can one use RTI information in court?


Can I ask for information which I can use in the court. Do I need to tell to the PIO that I am going to use this document in the court of law?

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I must have searched by my own. Thank you. very informative description.


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Yes, from personal experience.

Documents obtained through a RTI Application were submitted in High Court of A.P.

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    • By crusader
      I want to know that I have got information from Nagar nigam, Can I use it as an evidence in the court of law? What are the provisions related to that?
    • By Shrawan

      Under the Right to Information Act, 2005, a public authority cannot withheld an information merely on the ground that the matter is sub-judice.
      Even in regard to the matter where the prosecution is still continuing, the CPIO can provide the information subject to provisions of Section 10(1) of the Right to Information Act, 2005 by applying the doctrine of severability.
    • By Shrawan

      Central Information Commission


      Decision No.292/IC(A)/2006
      F. No.CIC/MA/A/2006/00588


      Dated, the 21st September, 2006


      Name of the Appellant : Sh. Sharabh Dubey, 11/7 Civil Lines, Kanpur –208 001. (U.P.)
      Name of the Public Authority: The British India Corporation Limited, 14/136 Civil Lines, P.B. 77, Kanpur-208 001.
      Facts of the Case:

      The appellant is an employee of the respondent. He was transferred to another Unit of the company. The office order was challenged by him in the Court, which adjudicated on the matter. Subsequently, he has filed a few more petitions on service related matters in the Court. In this backdrop, he has sought documents relating to the legal opinion obtained by the respondent, file notings by the senior officials on the issue of transfer, letters/correspondence with other officials, etc.
      The CPIO has denied the information and sought exemption u/s 8(1)(d) & (g) of the Act.
      The case was heard on 12.9.06. The appellant could not be present. The CPIO and the appellate authority were present. In the course of hearing, the CPIO showed a copy of the petition filed by the appellant in the Court, whic hcontained almost all the documents asked for by him. The CPIO contended that the documents asked for by the appellant relate to the various petitions filed by him in the Court. He, therefore, pleaded that the disclosure of the documents might adversely affect the disputed cases. Hence, the relevant documents are treated as confidential.
      Commission’s Decision:

      There is a dispute between the appellant and the company on service matters, including transfer of the appellant to another unit. The matter is pending before the Court for adjudication. There is every possibility that the appellant would get opportunity for his effective defense. The information sought is in the interest of the seeker. And, as such, there is no overriding public interest, u/s 8(1)(j) of the Act, for disclosure of the information.
      The appeal is therefore dismissed.

      (Prof. M.M. Ansari)
      Information Commissioner

    • By trueblue
      The UP and Delhi High Courts are charging 50 times more than the amount being charged by the Centre and a majority of states from a person seeking information under the Right to Information (RTI) Act.
      While the Centre and most states have fixed the fee at Rs 10, the two HCs have been charging information-seekers Rs 500, virtually denying the poor the information they need.
      The exorbitant fee has left the UP State Information Commission and Central Information Commission (CIC) fuming. They are demanding amendment to the RTI Act to bring in uniformity in the fee structure.
      The present RTI gives states and the judiciary right to determine their own fees.
      “This is virtual denial of information. It is against the spirit of the RTI. I've taken it up with the CIC,” says UP Information Commissioner Justice (retired) M A Khan who is in Delhi to participate in the first three-day convention of the CIC.
      In its rules formulated on RTI, the Delhi HC says an information seeker will have to pay Rs 500 per application for information on all matters other than quasi-judicial and administrative. For the quasi-judicial and administration information, which will be available only to the affected persons, the fee has been pegged at Rs 50 per application. The court has also specified speed money (Rs 10 per page) for persons who want pages of information urgently.
    • By ganpat1956
      I reproduce below, an article that appeared in the Chennai Edition of New Indian Express(13.12.2006):
      "After a hectic first year when it was seen in its 'evolutionary' stages, the RTI Act is now entering a phase where it is increasingly coming into conflict with the public authorities in court.
      Several landmark orders passed by the CIC have been challenged via the writ petition route by authorities from whom the information was sought. And, in most of these cases, stay orders have been obtained.
      Among the first to have challenged the CIC's orders, ironically, was the Department of Personnel and Training (DoPT) which had drafted the RTI Act itself. The DoPT challenged the CIC's decision to allow its members "in camera" access to the correspondence between former President K R Narayanan and the Government on the Gujarat riots. The DoPT obtained a stay from the Delhi High Court.
      Not Just this:
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      * The CIC ruled that UPSC should disclose cut-offs in the civil service prelims. Stayed by Delhi HC.
      * Association of Indian Universities was declared a public authority by the CIC, but a stay order was granted by the Delhi HC.
      * CIC fined Benares Hindu University for delay in giving information to an applicant. Stay from Allahabad High Court.
      Chief Information Commissioner Wajahat Habibullah described the DoPT's intervention as "premature" and said the panel had approached former Attorney General Soli Sorabjee to defend its decision.
      "We had asked for the correspondence to be shown to us in confidence in sealed cover and were surprised that the DoPT found objection to this," Habibullah told Express.
      Asked about this trend, Habibullah said, " As we examine the inner reaches or the sanctum santorum of Government functioning, I anticipate there will be even larger number of decisions challenged in courts.
      Authorities who have argued against grant of information or against them being declared public authorities, may want to take the last recourse and take the writ petition route. We are gearing up for increased judicial review."
      So a senior legal consultant will soon join the CIC, which is also setting up a legal cell and reference section. There is a flip side, admits Habibullah, of this "judicialisation" of the RTI: Stage is set for a new branch of case law. " The implications of our decision carry heavy judicial ramifications as we are gearing up for increased judicial review".
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