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RTI in reference to cases pending in courts


venufightsforjustice

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venufightsforjustice

Thanks for your reply Sir,

 

If I can add up to my earlier question, I would like to explain a typical example.

 

A Government Finance Corporation funds a project to a private body and the beneficiary becomes a defaulter. Naturally, the Corporation takes up the matter with the appropriate courts. The cases might be continuing for sometime. However, I did not mean the information regarding the details of the cases pending against the defaulting private body.

 

I am interested to know, if I can ask certain information about the Loan agreement with the Corporation and the private body. I am anxious to know if the Private body has, apart from defaulting, violated any terms, clauses and contions of the loan agreement.

 

I will be glad if you can guide me about the implications of the RTI in such cases. Will it be still subjudice to reveal any information?

 

Thanking you for your prompt answer.

 

Namaste

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Satish Gupta

Dear Venuji:

 

The fact that the Government Finance Corporation has files a case in court, against the defaulting body, has no effect on GFC's obligations under RTI.

 

So if GFC is required to release information under RTI, it must do so, even if GFC is fighting a case in court, about the same project or information.

 

Moreover practically all the papers filed in courts, are in public domain. GFC should provide a copy to anyone who requests these papers, under RTI. The loan agreement is an essential document in the court filings. If you request the court filings you should be able to get the loan agreement.

 

Whether the terms of loan agreement were violated or not, is a different issue. Under RTI, GFC does not have to conduct an investigation or give you their opinion.

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  • 11 months later...
divyachakshu

you will know it very soon enough. let the fuss over sc v. cic at high cout settle down.

 

however, yes you will receive an info that you already know viz. so many hearings have been done and the next one is schedeuled on so & so date.

i will probe this issue and inform youasap

regards

divyachakshu

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divyachakshu

you will know it very soon enough. let the fuss over sc v. cic at high cout settle down.

 

however, yes you will receive an info that you already know viz. so many hearings have been done and the next one is schedeuled on so & so date.

i will probe this issue and inform youasap

regards

divyachakshu

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divyachakshu

tribunals, as against regular legal courts, are quasi judicial body.

what separates it from others is an otherwise excluded clause found nowhere else in judiciary and it states that

 

no complaint against procedure of these bodies before any law court can be challenged that the procedure of 'principles of justice i.e. natural justice' have not been adhered to.

2 questions

 

1. do u consider it morally correct?

2. with respect to RTI act of 2005, do you think it directly affects your right to info as with having info too, you can not do anything as per the clause above?

3. according to you such clauses interefere with democratic principles and affect all of us?

4. how do you suggest to rectify it (if u think it is improper) or how it can be implemented without affecting peoples' rti (if u think the clause is appropriate) .

 

PS : FRIENDS INTERESTING IN PERSUING THIS ISSUE FURTHER ARE WELCOME

REGARDS

 

DIVYACHAKSHU

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divyachakshu

tribunals, as against regular legal courts, are quasi judicial body.

what separates it from others is an otherwise excluded clause found nowhere else in judiciary and it states that

 

no complaint against procedure of these bodies before any law court can be challenged that the procedure of 'principles of justice i.e. natural justice' have not been adhered to.

2 questions

 

1. do u consider it morally correct?

2. with respect to RTI act of 2005, do you think it directly affects your right to info as with having info too, you can not do anything as per the clause above?

3. according to you such clauses interefere with democratic principles and affect all of us?

4. how do you suggest to rectify it (if u think it is improper) or how it can be implemented without affecting peoples' rti (if u think the clause is appropriate) .

 

PS : FRIENDS INTERESTING IN PERSUING THIS ISSUE FURTHER ARE WELCOME

REGARDS

 

DIVYACHAKSHU

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From Wikipedia, the free encyclopedia

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In law, sub judice, Latin for "under judgment," means that a particular case or matter is currently under trial or being considered by a judge or court. The term may be used synonymously with "the present case" or "the case at bar" by some lawyers.

 

In England and Wales, New Zealand, Australia, India, Pakistan and Canada it is generally considered inappropriate to comment publicly on cases sub judice, which can be an offence in itself, leading to contempt of court proceedings. This is particularly true in criminal cases, where publicly discussing cases sub judice may constitute interference with due process.

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From Wikipedia, the free encyclopedia

Jump to: navigation, search

In law, sub judice, Latin for "under judgment," means that a particular case or matter is currently under trial or being considered by a judge or court. The term may be used synonymously with "the present case" or "the case at bar" by some lawyers.

 

In England and Wales, New Zealand, Australia, India, Pakistan and Canada it is generally considered inappropriate to comment publicly on cases sub judice, which can be an offence in itself, leading to contempt of court proceedings. This is particularly true in criminal cases, where publicly discussing cases sub judice may constitute interference with due process.

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