I wanted to file a RTI to get the information about a case running in Family COURT in REWA (MP), Please let me know which department i need to select to get the details
Provosions of R T I Act not applicable to judicial proceding so you can not get any imformstion of any case pending or running in court.
Hi, thanks for writing to us. Here's our response.
Under Section 3 of Right to Information Act, 2005 bestows the right on every citizen to seek for information from public authorities. And the definition of "information" is given in section 2 of RTI, 2005 which says that any material in any form such as records, emails, documents, memos, press release, circulars, any material held in any electronic devices, etc amounts to information. According to Section 4 of the RTI, 2005 set down the duties of the public authorities with regard to person seeking information from the public authorities.
According to your query, it is not clear as to what information you are trying to seek on the currently on-going case in the family court in Madhya Pradesh. Prefably, RTI Act does not exclude judicial records from the definition of the "information". But seeking information should not fall under Section 8, 9, 11 and 24 of the RTI Act which enlists certain types of information which cannot be provided to the person seeking it. Thus, it is essential for you to check whether the information you wanting to seek does not fall under these provisions.
Section 8 of RTI Act enlists various grounds for exemption from being provided through RTI. Some information are explicitly excluded which are published by the court of law or tribunal or something which will be contempt of court.
It is not possible for any person to get information submitted to the Court in fiduciary relationship unless Court finds it in favour of larger public interests to disclose. So it is necessary for you to be a party to the case to seek information or you have to show that it is for the larger public interest and it should be disclosed. In 2009 judgment given in AV Subrahmanyam v BSNL Hyderabad where Court said that any information which is admitted to public authorities such as information given during admission to college or school, for driving license, should be considered to be public information and can be seeked but sensitive information such as personal information which are in private domain such as passport details, medical records, etc can only then be provided when it is proved that disclosure of such information is in favour of larger public interest.
Legally speaking, information relating to “judicial records” is not excluded from the information which is required to be provided under the Right to Information Act, 2005. However, most of the courts do not provide information relating to judicial records under RTI. Many of the courts have specifically made rules that restrict providing of information relating to judicial records, though in vague language. In addition to this only parties of the case have access to records of family court. A third person is not usually provided with such records.
However, Madhya Pradesh High Court has provision for e-RTI. So, You can address the RTI to Registrar of the family court of Rewa. However if you do not get any fruitful response you can opt other options as mentioned below.
The second option before you is to pursue with the Copy Section of the court, and if need be, approach the senior officers (such as Registrar) of the court to direct the Copy Section to give you the copy of the application desired by you.
The third option may perhaps be to file a formal interlocutory application (or, by whatever name it is called in that court) before the court itself (where your case is pending) for seeking direction to the Copy Section or the Registry of the Court to give you copy of the application sought by you.
If you fail in the efforts so made, you may have to pursue the case before the next higher court or authority, as the case may be.
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