Admissibility of information/documents received under rti act as evidence
Rajesh
(Querist) 15 December 2013
This query is : Resolved
Sir, I as Defendant in a Suit for Specific Performance has received information/ documents under the RTI Act . I have exhibited all those the documents/information received under RTI by me while leading Examination -in-chief in the trial civil court and those documents had been exhibited without any objection . Certain information received through RTI is also available in Public domain of the Public Authorities as stated by Authorities in their replies.
In view of the above facts , Pl advise to me
(a) Whether the information received under RTI Act available under the public domain is per se admissible in judicial proceedings u/Evidence Act.? If yes , under Which section.
(b) Whether a document received under RTI Act and exhibited without objection at the time of evidence , can be questioned or not about its formal proof in the same court or appellate court, ?
Pl advise on above two issues in view of provisions of Indian Evidence Act or any Suitable case law on the subject.
Sudhir Kumar, Advocate
(Expert) 15 December 2013
(a) Whether the information received under RTI Act available under the public domain is per se admissible in judicial proceedings u/Evidence Act.? If yes , under Which section.
Ans : what else do you think that the evidence is called for
(b) Whether a document received under RTI Act and exhibited without objection at the time of evidence , can be questioned or not about its formal proof in the same
court or appellate court, ?
Ans : query not clear
Rajesh
(Querist) 15 December 2013
Regarding (A) the question came up during hearing when my advocate submitted to the Hon'ble Judge that there is no need to summon any official from Public authority to check veracity of information given under RTI since the public authority has also written in the same reply that information is also available on their website. But opposite party advocate insisted that there is need to check the veracity but my advocate persisted with same line and said whole exercise is futile and led to wastage of court time . But Judge said we will decide this issue later. Considering this , I thought to get advise on the matter so that during next hearing the same line may be taken by my advocate.
Concerning ( B) the doubt arose over those information/ documents obtained under RTI by me but are not available in public domain. So my query was for such documents to be admitted , will there be still need to summon official concerned of public authority to prove veracity of information supplied under RTI , When it was exhibited without objection at the time of evidence.
Guest
(Expert) 15 December 2013
The judge has the discretion to summon the officials of the concerned department/ organisation to verify the correctness of the information.
About public domain, ask for the relevant website page link to access the said information page, as sometime wrong keyword may not get the web page accessed on search.
ajay sethi
(Expert) 15 December 2013
agree with dhingraji
Rajesh
(Querist) 15 December 2013
Dear Dhingra ji,
I want to clarify further
(a) the Public authority has clearly given in its reply under RTI the website address and stated that information supplied by it is also available on its website.
Sp when information is available in public domain Will it not become admissible under Evidence Act automatically ,?
(b) Other documents obtained under RTI , when get exhibited without any objection at the time of examination in chief , Will there be still need to get its veracity check by calling official of public authority OR once exhibited without objections , there will not be any need to call official to verify such RTI information so as to satisfy Evidence Act,?
Solicit your views on above confusion,
Guest
(Expert) 15 December 2013
Have you checked the website about the availability of the information in the public domain? In earlier post you stated, "the doubt arose over those information/ documents obtained under RTI by me BUT ARE NOT AVAILABLE in public domain. Mere statement of the public authority is not relevant, if the information s not available in the public domain. If the information is actually available in the public domain, better take printout with time stamp (NOT printout of copy-paste) from the relevant webpage and produce the same before the judge. That would be admissible.
Rajesh
(Querist) 16 December 2013
(a) Information is available on the website. Will take print out as advised by you and submit.
(b) Regarding documents / information received under RTI through another RTI application filed by me , I had submitted in the court all correspondences / documents obtained under RTI and Exhibited without any objection , Will these RTI documents be deemed to be proved OR will have to summon official of Public authority to prove its ( documents received under RTI) veracity under Evidence Act.
Soliciting your guidance.
T. Kalaiselvan, Advocate
(Expert) 17 December 2013
The question of veracity of the documents will arise over the stronger objections of the other side and depends upon the presiding officer of the court who at his discretion may or may not summon the authority to prove the document or its contents.
Devajyoti Barman
(Expert) 17 December 2013
You have summon of concerned officials to rove the documents unless those are certified copies of a document.
