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whackpack

It is often observed that RTI is used for fighting court cases, like knowing the ITRs of spouse for settling maintenance case, and knowing of seat vacancy in college for obtaining refund of education fees etc...

 

Which brings me to wonder, don't the courts have power to know the status of these matters, if challenged by the affected parties / doubted by the courts themselves? or is it that they have the power, but fail to exercise them?

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jps50

Courts have powers, but it is easier to get it through RTI [if PIO and FAA perform!] than get it through courts.

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Dr.S.ANANDKUMAR
Which brings me to wonder, don't the courts have power to know the status of these matters, if challenged by the affected parties / doubted by the courts themselves? or is it that they have the power, but fail to exercise them?

 

To me RTI act is a simplified writ of mandamus. Writ of mandamus calls for records from respondents to arrive at a decision. This will take a longtime. U serve notice. the respondent serves reply. then you serve rejoinder. then you file a writ. court issues notice. the respondent seeks adjournment. u again put the case on list. again the respondent seeks time. finally he submits counter. this takes may be a year or two. Instead, you can assist the court by collecting all the records using RTI and by filing a well evidenced case where your grounds are well supported with all supporting documents. Courts exercises its power over the power exercised by u. i think this reply clears ur doubt.

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