Many times, scrutiny of various records of a judicial proceeding ( such as complaint, evidence etc. ) is denied to a person since he/she is not ‘party to the proceedings ‘.
In this context, a Central information Commissioner (CIC ) ruling on Y N Prasad vs District Session Judge , delivered 30th October 2017 is relevant.
As the Ruling states :
Relevant facts emerging during hearing:
The Appellant is present and heard. The respondent is absent despite notice. The Appellant states that a complaint was filed against the Management of Redeemed Christian Church of God, Janakpuri before the M.M., Karkardooma Court. Through the present RTI application, the appellant desired to avail information relating to the judicial proceedings. A query from the Commission reveals that the appellant is not a party to the judicial proceedings under reference.
Decision:
Judicial proceedings and records thereof are public records and the appellant has a right to secure desired information. After hearing the appellant and perusal of record, the Commission deems it fit to direct the respondent PIO to offer inspection of the judicial file to the appellant on a mutual convenient day and time. The appellant shall be entitled to avail copies from the record upon payment of usual charges. The order shall be complied within 3 weeks of receipt.
Ref. : F. No. CIC/DSESJ/A/2016/305423
This may come in quite handy in various situations.
We are also on :
LinkedIn : https://www.linkedin.com/company/lawforall
Facebook: https://www.facebook.com/lawforallin/
Twitter : https://twitter.com/legalnatter
Instagram: https://www.instagram.com/lawforallin/
