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False Affidavit


anshk2115
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Hi to all,

I need advice regarding RTI.I have obtained a crucial information and evidence through RTI.The authorities has provided the information only after 2nd appeal and CIC decision.

Now when I provided this as crucial evidence in the court to prove the wrong doings of the authorities.The authorities have replied in the counter affidavit to the court that they have not provided any information of that kind.

I request you to advice me in the matter is there any remedy to complaint against authorities to IC regarding the false affidavit.And how I can prove in the court the information is provided is obtained through RTI and authorities themselves have provided the information only after CIC decision.

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It seems you have received documents from PIO after CIC Decision and now PIO is contradicting issued documents by filing affidavit.

This is what I would do:

1. File RTI for inspection of Outward Registry (for a month period) in which documents dispatch details would have been recorded. During inspection ask for the copy of the registry Entry sheet with certified in which letter dispatched to you would have been recorded.

2. Get Employee attendance sheet for the month in which PIO/ would have marked his attendance on the date of document or dispatch.

3. On the Postal Cover of the document you received, either Speed-Post/Registered Post, the Tracking Number, get the details of Tracking Sheet from indiapost website.

4. After this OP to be crossed by you about his submitted affidavit and confront with additional documents that you have obtained from the RTI authority recently. (Advocates knows Better)

Above does work well if everything is in order.

On the face of it, court admits RTI/CIC documents and considered for judgement unless the contrary is proved by cogent documentary evidence or probability depending on the case type. But in this case, he need to be crossed to establish the genunity of the documents as he is contradicting his own documents.

No need to worry about submitted affidavit by OP which is self declaration. It is utmost important to submit entire RTI/CPIO/FAA/CIC response/decision/postal covers/postal tracking sheet to court in order to make stronger evidence which will be the points during final arguments. Thx.

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Why all this for the present.

In facing a litigation, providing of that information/document is alone before Court is sufficient.  CIC is not concerned as incorrect information was not provided under RTI, and filing false affidavit was in court and not under RTI.

Filing a false affidavit as counter is a serious thing by public authority, and that must be specifically stated in court proceedings for perjury as well for recommending disciplinary action against PIO by Court.

As far as appellant is concerned, he need not bother about the counter, and it is the evidence not counter that is taken into account while deciding a case.

I personally think that it is their burden to prove either the counter or information as correct.  It is the evidence part only that counts and not counter.  In counter, any person may tell many things that are not relevant, not correct, but ultimately proving those statements with evidence is only material in Court.

 

 

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