Re: [rti4empowerment] CONVICT CAN SEEK CASE DETAILS:: HC

The decision will be available on the Delhi High Court website which can be searched with the referfences given in the news item sent by me.

On Mon, Jan 3, 2011 at 10:00 AM, Surendera M. Bhanot <surendera@avissoftware.com> wrote:

Dear Mahendra Kumar Gupta

Can you please mention the case authority in this case, please!!!!

On Mon, Jan 3, 2011 at 4:15 AM, <mkgupta1952@gmail.com> wrote:

Convict can seek case details: HC

Rules In Favour Of Man Who Had Asked For Access To DD Entry Of Arrest

Abhinav Garg TNN

New Delhi: An RTI applican can seek information relating to his own criminal case after the conclusion of trial,the Delhi high court has ruled,asking the Delhi Police to supply copies of DD entry,case diaries and other information to a convict.
Justice S Muralidhar upheld the order of central information commission (CIC) and dismissed a petition filed by DCP (anti corruption branch).The DCP had promptly challenged the CIC ruling that had asked him to furnish probe details to one D K Sharma,convicted on corruption charges.
The right of an applicant to seek such information pertaining to his own criminal case,after conclusion of the trial,by taking recourse to the RTI Act,cant be said to be barred by any provision of the CrPC, Justice Muralidhar observed in his order,pointing out that the RTI Act as it is has an over-riding effect over previous laws.
On being convicted,Sharma had sought certified copies of DD entry of his arrest,various other documents relating to the police investigation of his case lodged in 2003.The DCP invoked section 8 of the RTI Act and provisions of CrPC to deny Sharma information.The police argued only a trial court can grant permission during trial,for the police to supply case diaries to the accused.Since the trial was over in this case,Sharma had no legal right to seek the case details,according to the cops.Sharma then chose to go in appeal to CIC which ruled in his favour.Once the case reached HC,Sharma argued in person and countered the DCPs claim.He drew HCs attention to provisions of the RTI Act to maintain it gave him the right to ask for documents concerning his own case that is now in appeal stage.
HC concurred with Sharmas arguments and faulted the police for being unable to demonstrate exactly why the information shouldnt be disclosed.The mere fact that a criminal case is pending may not by itself be sufficient unless there is a specific power to deny disclosure of information concerning such case,the court explained.

 

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