Monday, January 4, 2010

RTI can’t be used to question court orders: SC

RTI can't be used to question court orders: SC


The Right to Information Act cannot be used for questioning orders passed by courts, the Supreme Court on Monday said and expressed its displeasure that such pleas are made under the transparency law.

"There is no right to anybody to demand such information. Such pleas are perverse and not maintainable," a Bench comprising Chief Justice K. G. Balakrishnan and Justice B. S. Chauhan said.

The orders passed by the lower courts cannot be questioned before any other forum and has to be challenged in the higher courts, the bench said noting that instead of choosing to appeal, the petitioners preferred to resort to RTI Act.

"In the RTI application, the petitioner wanted to know why his legal submissions were not considered and what was the basis for the order. The petitioner wanted other sources of information...and also wanted to know so many other extraneous matters which amount to contempt of court," the bench said.

The bench was hearing an appeal of one Khanapuram Gandaiah who was denied such information under the RTI Act.


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The RTI Act was passed by the Lok Sabha (Lower House) on 11 May 2005, by the Raj Sabha (Upper House) on 12 May 2005 and received Presidential assent on 15 June 2005. Parts of the Act came into force upon Presidential assent, but the Act came fully into force on 12 October 2005, 120 days after Presidential assent.

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Dinamani - RTI News