As a defendant can I ask for files and notings from the Public Prosecutor

[Undefeated 0]

Friends...

 

I am a defendant in the court law. I believe certain files and the notings therein made by the Public Prosecutor ( pertaining to me ) will greatly change the outcome of the case I am fighting against. Is it possible to - under RTI - ask for the files and notings therein ?

 

Thanks.

[sharadphadke 176]

Under the law even an accused is eligible for information under section 2 of RTI. If the information is not barred under section 8/9 of RTI you can get the file notes if they exists! Now a days many times there are no notings on files and are on loose papers which are not the part of file and then it is difficult to get what you want. Give a chance and ask to give copies. But draft the application with proper wording and ask only information on record. You should get the information as there are many cases where court has decided in applicant's favor.

[dr.s.malhotra 1,471]

I am a defendant in the court law. I believe certain files and the notings therein made by the Public Prosecutor ( pertaining to me ) will greatly change the outcome of the case I am fighting against. Is it possible to - under RTI - ask for the files and notings therein ?

 

No ,the notings (in fact any document) in PP's judicial case files would not be divulged to you as the principle of "fiduciary relationship" is very relevant here and the information will be exempted from disclosure u/s 8(1)(e) of RTI Act .

 

FIDUCIARY RELATIONSHIP : ( s.8(1)(e) of RTI Act )

where one person places complete confidence in another in regard to a particular transaction or one's general affairs or business. The relationship is not necessarily formally or legally established as in a declaration of trust, but can be one of moral or personal responsibility, due to the superior knowledge and training of the fiduciary as compared to the one whose affairs the fiduciary is handling.

A fiduciary is someone who has undertaken to act for and on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence (for example, an attorney and client, or a trustee and beneficiary).

Fiduciary relationships exist between an agent and principal, testator and trustee, testator and executor, ward and guardian, customer and bank, client and attorney, patient and doctor, partner and partner, stockholders (shareholders) and directors, etc. In these relationships law demands a higher than ordinary degree of care and responsibility from the dominant or trusted party.

[Undefeated 0]

Thanks. Would appreciate if some light is thrown on the note given by Sharadphadke saab.

[karira 5,897]

Please also read these useful threads:

 

http://www.rtiindia.org/forum/41509-counsel-need-not-reveal-opinion-given-govt-high-court.html