Criminal proceedings against cpio!

Querist : Anonymous (Querist) 27 January 2012 This query is : Resolved
In a case of criminal misconduct of a Central Government Officer who is also the Central Public Information Officer (CPIO) of that organization if Complainant seeks “Certified Copy” of some documents as Information through an application Under RTI Act, 2005.

If the complainant submits these certified copy as a substantive piece of evidence, as per Indian Evidence Act, against the said official in the court of law.

I have heard that the Hon’ble Court would ask the CPIO to verify theses documents as whether there documents are supplied by him (the CPIO) or not.

And if he (CPIO) denied in the court as these documents are being used against him for criminal proceedings.

Then how to handle this situation?

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Advocate. Arunagiri (Expert) 27 January 2012
What is the grounds of criminal proceedings against the CPIO?

Sailesh Kumar Shah (Expert) 27 January 2012
Why he denies the same???????? if it was provided by him.

and in other case, he can deny the same, if it was not provided by him.

Sudhir Kumar, Advocate (Expert) 27 January 2012
I have understood that he has got some evidence under RTI against an official who himself is CPOI. He is worried about the fact when accused faces the court he cannot be a witness against himself and can refuse to testify the document which he released in official capacity.

Well I presume who of the department is not accused. CPIO is not the sole custodian of a public document. He procures the said document from some clerk or officer and then produces. The said person is a witness to that document. The complainant himself is a witness to the receipt of document. In case the document is sent by post the despatch clerk is the witness the envelop is the evidence.

Raj Kumar Makkad (Expert) 28 January 2012
I endorse the views already expressed.

V R SHROFF (Expert) 28 January 2012
the Central Public Information Officer (CPIO) of that organization will not deny.
He will be in trouble if he will deny a fact.

M/s. Y-not legal services (Expert) 28 January 2012
am also endorse the view of our experts..

-tom-

Shonee Kapoor (Expert) 29 January 2012
Nothing left to add.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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