Jump to content
  • 0

How to get MLC (Medico Legal Certificate) through RTI


Priyanshu Mehta

Question

Priyanshu Mehta

How to get MLC report of my wife which is used against me fir accusing me in the false domestic violence case ?

 

I filled RTI to the hospital who prepared the MLC report of my wife but did not provide any information and mentioned the requested information in Section 8(1)j of RTI act...

I filled 1st appeal along with CIC choteylal gupta judgement where it is mentioned that if requester is an accused he is entitled each copy of MLC report but the hospital authority denied the request..

The hospital has sent the letter mentioning that her husbund wants this information and my wife wrote that It is a court matter and if the MLC is given to him he may use this MLC against me and stll the trial is running....

I also filled second appeal but PIO denied to give information due to personal and third party indormation. 

 

I filled 2nd appeal under section 19 of RTI act to GIC (Guj Info Commission) mentioned that the requested MLC report is declared in the court hence does not come under third party or personal information but the chief commissioner did not order PIO CPIO to provide requested information to applicant...

 

I also filled complaint to CIC under section 18 but till date no information.

 

Please experts guide me in above matter or what to do further to get MLC report..

 

Regards

I

Link to post
Share on other sites

4 answers to this question

Recommended Posts

  • 0
Prasad GLN

When it was already decided by SIC there is no other alternative than approaching HC.  To me it appears that the hospital authorities are right and once the information is given in confidence and sent to Police, the records are treated as not in custody.  But, the police is bound to provide it, as the accused must know facts and it is against principles of natural justice as the other party must be served what all those documents basing on which a charge was framed.

Try seeking same information from police and if the case is in court, you are legally entitled to obtain such certified copies on payment of prescribed fee fixed by court (May be Rs.2/- per copy).  As you might have already engaged an advocate you can get the certified copies through him without any problem.

Link to post
Share on other sites
  • 0
Priyanshu Mehta

Dear Sir,

 

I filled RTI to Police but police didnt get the MLC from doctor or the complainant did not submitted her MLC to Police thats why the police did not registered FIR and only done chapter case which is not cognizable offence..

The GIC (Gujarat Information Commission) gave the erroneous judgement without looking into the fact. When the complainant her self declaring that the matter is in court at the time of PIO reply for obligation declaring the requested information by complainant husbund then why they dont provide the information..

I engaged lawyer and he said that the complainant did not submitted MLC in court. I was being falsly accused in the domestic violence case and fighting since 3 years and paying huge maintenance without proving allegations. The complainant went to UK before 3 months ago after filling false complaint against me in court.

I request you to guide me how to get the MLC, Passport and travelling details of my wife through RTI.

Regards

Link to post
Share on other sites
  • 0
Prasad GLN

When you have engaged a professional advocate, he is a better person to suggest you what exactly is needed for your defense.   When the complainant has not submitted relevant documents itself is your defense.  Focus on what is needed to defend and come out freely.

Under RTI it is not possible to get passport and other travelling details and you can entrust this to a private detective.  If you are aware of any Gujarathi Association or some friend or relative, it is not difficult to gather such information about your wife from them.

When there is a GIC decision whether it is proper or erroneous it holds good, and it is once again a good defense that you have tried to establish your innocence.

The comments are just a formality under Sec.10 of RTI Act, matter in court is not a reason for denial of information.  The health/treatment etc are personal information and can be denied under RTI Act.

Before harping on any issue under RTI, please think a while as to What you wish to do with that information, when the burden is on the other party to establish such crime of DV against you, in my view there is no use for getting such information.

Edited by Prasad GLN
Link to post
Share on other sites
  • 0
Priyanshu Mehta

Thank you sir for your prompt response and giving your valuable time for my query..Thank you very much

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Tell a friend

    Love RTI INDIA- Online RTI? Tell a friend!
  • Members

    No members to show

  • Forum Statistics

    • Total Topics
      119,694
    • Total Posts
      427,902
  • Recently Browsing

    No registered users viewing this page.

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy