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LATEST NEWS UPDATES | Can’t use RTI to question judge’s verdict: SC by Krishnadas Rajagopal

Can’t use RTI to question judge’s verdict: SC by Krishnadas Rajagopal

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published Published on Jan 5, 2010   modified Modified on Jan 5, 2010

The Supreme Court on Monday said the Right to Information Act would not be used to question the intention of a judge for giving a particular verdict.

A judge need not furnish reasons under the RTI on why he chose to give this verdict and not another, noted a Division Bench headed by Chief Justice of India K G Balakrishnan.

“He (a judge) cannot go on explaining his judgments. The judgment itself is the reason. No one has the right to ask for any further information under the RTI Act,” the court observed.

The apex court made these observations on a petition by 76-year-old agriculturist Khamaguram Gandaiah of Andhra Pradesh who had alleged “judicial dishonesty” against a Principal District Judge who had ordered injunction against him in a property dispute on an 8-acre land in 2006.

The septuagenarian had criticised the district judge’s order against him as “patently erroneous” and filed an RTI application seeking an explanation from the judge on how he could rely on “fabricated” documents produced before him to arrive at his decision.

The judge in question is M Seetharama Murthy, who is currently Registrar General of the Andhra High Court.

“This petitioner did not even go for an appeal against the injunction order. Instead he filed an RTI application accusing the judge of dishonesty. When that too failed, he came straight to us. What is this?” the court noted, dismissing the petition.


The Indian Express, 5 January, 2010, http://www.indianexpress.com/news/cant-use-rti-to-question-judges-verdict-sc/563509/
 

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