RTI against Judiciary is Possible or not

  • In False Molestation Case during Cross Examination in the court no call record has been checked by the court and even Police also did not cross verify that whether the case was pre-planned or not and subsequently court has passed order in favour of Complaint. So, please suggest me whether it is possible to check through RTI regarding their statement whatever they made in the court viiz. Girl did not call her father between 5 PM to 12 AM, Dialing of 100 through her mobile, From which number police control room got the call, owner of the number, father also got a call from police control room and he has mentioned that he was in particular place - call location trace out etc.

  • First of all, we should not use the word "AGAINST Judiciary". RTI Act provides you right to get information 'FROM' Public Authority, and not 'AGAINST' Public Authority. RTI is not like Grievance Redressal or Adjudication Mechanism, rather it only provides right to get available information.

    Second, Our Constitution has made Judiciary independent to adjudicate matters without any influence. Court proceeds in the way what Judges feels right as per situation. If you feel that Court has not followed proper procedures, then only option you have is go for "Appeal" as per procedure of the concerned court. Through RTI you can not correct the procedures followed by Court.

    Third, if the procedures followed by the Judge during trial was recorded in the Court, and if you are the concerned party to the trial, you can file RTI Application before the PIO of the concerned court to get certified copies of the records made by court. But, if Court didn't record the procedures followed during trial, then you can't get information through RTI Act. Afterall RTI provides you right to get only AVAILABLE" information. Only option you have is to go for "Appeal" against the decision of the Single Bench Judge.

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