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The court is not within the scope of the RTI Act: National Information Commission

The State Information Commission said the courts did not meet the scope of the Right to Information (RTI) Act and they could not deny all information about Rule 12 governing subordinate courts and courts.

State Information Commissioner A. Abdul Hakkim observed that some court officials denied all information sought under the RTI Act, which they did not authorize to do so because judicial litigation was exempted under the bill only.

The commission’s order was brought by Joseph Jacob of Chelambra, targeting the information officer of Munsiff Court in Chalakudy.

“Punishable crime”

Rejecting information from lower courts is a punishment crime when the Supreme Court and other major courts in the country are promoting court litigation on the spot. Justice litigation is exempted from the scope of RTI only if the judicial officials consider it. Citizens are entitled to obtain all other information from the court under Mr Hakim’s order.

Mr. Jacob filed two applications in Munsif Court in June and July 2021. However, the official Ajith Kumar rejected his information on the grounds that Rule 12 exempted the court from the information.

Mr. Joseph had sought to auction copies of Sanad, Vakalatnama and related documents. But the official has already stated that the application does not require entertainment on the strength of Article 12 related to subordinate courts and courts.

When the Commission sought the Court’s report on Mr. Joseph’s petition, the new information officer gave him information. But Mr. Joseph was firmly determined to his complaint and the Committee decided to file a lawsuit against Mr. Ajis Kumar under section 20(1) of the RTI Act. The latter has directed to appear before the committee on May 28.

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