Criminal miscellaneous application (crmp)
Dr.SAAIE KB
(Querist) 11 September 2023
This query is : Resolved
A sessions trial court has ordered in a CrMP (Document Petition seeking to allow the letter from PIO under RTI Act to be considered as evidence in pending discharge petition u/s 227 CrPC) to prove the genuineness of PIO letter but allowed the CrMP. But Section 23 of RTIAct prohibited courts of any proceedings on any order under RTI Act. On the other hand, summoning witnesses of accused in discharge petition is also not permissible(PIO in this instance). That means the accused cannot prove the genuineness of PIO letter. Now the accused wants to bring this legal infirmity on record of the case and ensure that the PIO letter is considered as primary evidence in the pending discharge petition. How to file a fresh petition seeking the relief of exemption of proving genuineness of PIO letter.
I shall be grateful to the learned community for guidance.
Thanks
Sai KB
T. Kalaiselvan, Advocate
(Expert) 12 September 2023
Section 23 of the Central Act then goes on to prohibit the Courts from entertaining any suit, application or other proceeding in respect of an order made under the Act.
Nevertheless, it must be remembered that the Central Act gives effect to a fundamental right of citizens under the Indian Constitution. According to the Constitution, the High Courts (Art. 224) and the Supreme Court (Art. 32) have the power to look into any matter relating to the fundamental rights of citizens. As such, the provision barring the courts from looking into a case where a citizen claims that the right to information has been violated - under the Central Act - is arguably invalid.
In practice, this means that despite s.23 of the Central Act, any citizen still has the right to approach the High Court or the Supreme Court if he/she is not satisfied with the decision of one of the Information Commissions.
You can appraoch high court with a reision petition agaisnt the orders of the sessions court if your application was dismissed for the said reasons.
