Judicial proceedings & records are public records and can be availed under RTI

Shri Y N Prasad Vs. PIO (Central Information Commission)

Information sought and background of the case:

Vide RTI application dated 20.07.2016, the appellant sought Copy of notice/summon dated 23.07.2015 (Date of hearing), no. 14/447309. Response /reply submitted to the Metropolitan Magistrate (Evening Court) Karkardooma Court by the responding management (RCCG) and incidental information thereto relating to judicial proceedings. The CPIO replied on 25.07.2016 enclosing reply furnished by the concerned court (enclosure not attached on record). The FAA did not adjudicate in the matter. Feeling aggrieved, the appellant approached the Commission.

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.