[Commons-Law] Fwd: RTI not applicable to judicial proceedings
Via: "Prashant Iyengar"
Hi,
The CIC has held that the provisions of the RTI will not apply in
cases where statutes already provide for inspection of records and
prescribe a procedure to be followed to obtain them. This was held in
the context of a petition for details of certain cases in the Supreme
Court. The CIC held that since the Supreme Court Rules already
provided a procedure for inspection of records the provisions of the
RTI Act would not apply.
"U/s 22 of the RTI Act the provisions of the RTI Act have effect
notwithstanding anything inconsistent therewith contained in any other law for
time being enforced or instrument having effect by virtue in law other
than this Act. However, since both the Act and Order XII of the
Supreme Court Rules
provide for disclosure of information of the kind sought in the present case we
find that there is nothing inconsistent in the rules. It is only that
Supreme Court
Rules 1966 through Order XII, Rule 2 prescribe the procedure for obtaining the
information. This procedure together with fees is in the province of the
prescribed authority u/s 28 of the RTI Act. This issue is disposed of
accordingly."
The text of the decision is available on the CIC website
http://cic.gov.in/CIC-Orders/Decision_24092007_01.pdf
Prashant
Hi,
The CIC has held that the provisions of the RTI will not apply in
cases where statutes already provide for inspection of records and
prescribe a procedure to be followed to obtain them. This was held in
the context of a petition for details of certain cases in the Supreme
Court. The CIC held that since the Supreme Court Rules already
provided a procedure for inspection of records the provisions of the
RTI Act would not apply.
"U/s 22 of the RTI Act the provisions of the RTI Act have effect
notwithstanding anything inconsistent therewith contained in any other law for
time being enforced or instrument having effect by virtue in law other
than this Act. However, since both the Act and Order XII of the
Supreme Court Rules
provide for disclosure of information of the kind sought in the present case we
find that there is nothing inconsistent in the rules. It is only that
Supreme Court
Rules 1966 through Order XII, Rule 2 prescribe the procedure for obtaining the
information. This procedure together with fees is in the province of the
prescribed authority u/s 28 of the RTI Act. This issue is disposed of
accordingly."
The text of the decision is available on the CIC website
http://cic.gov.in/CIC-Orders/Decision_24092007_01.pdf
Prashant
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