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quesCan court refuse to take documents obtained through RTI

Sir/Madam, 1) numerous courts are considering certified document obtain under RTI Act is a secondary evidence, 1) what do i do when court is refusing to accept such document obtain under RTI Act 2) government revenue departms refuse to issue certified record under RTI Act 3) department is refusing to furnish the land record data base in electronic format i,e CD, OR DVD inspite of CIC order department is still refused to issue the entire data base in electronic format they ask me to obtain individual record by paying fee

  • ans

    There is no reason why information obtained under the RTI Act should not be taken in evidence. It is as good as any other document admissible as evidence. Moreover, it is primary evidence and not secondary. I am of the firm opinion that the "information “under the RTI Act is an important piece of evidence. Information obtained under RTI Act, are actually part of the documents held by Public Authority, who are actually Gazetted officers and also hold quasi-judicial authority. Any certified copy of any document received by virtue of RTI Act, is a document in conclusive. The Right to Information Act provides that certain sensitive information may be withheld from the public, if the public authority in possession of the information thinks that the same is likely to jeopardize either national interests or to violate the trade secrets. These exceptions are found in primarily, in Sec. 8 and Sec. 9 of the RTI '05. Basic fee needs to be paid to obtain information under RTI.

     

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