Sunday, May 23, 2010

RE: [rti_india] Re: Dont use RTI Act - Satyanand Mishra


Dear Sarbajit,
Your clarification regards non-applicability of Indian Evidence Act to arbitration proceedings is very true. But we also need to recognise the fact that certain terms and practices defined in this law are used in non-judicial proceedings as well. For example, the definition of terms such as 'document', 'public document' and 'private document' hold good even outside of a court or quasi-judicial proceeding. Similarly the procedure to issue certified copies of documents is also borrowed from the IE Act. That procedure does not restrict it to court officers only. It applies to all public officers including those dealing with land revenue but do not necessarily apply only to a context of litigation.

From: [] On Behalf Of sarbajit roy
Sent: Sunday, May 23, 2010 12:12 AM
Subject: Re: [rti_india] Re: Dont use RTI Act - Satyanand Mishra


Hi Raj,

Not true. Yours is a very common mistake.

The Indian Evidence Act only applies to judicial proceedings in a court or other body/person which is legally authorised to take evidence (and does not apply to arbitration proceedings).


On Sat, May 22, 2010 at 11:38 PM, Raj <> wrote:

If that is the case then Indian Evidence act provides that every public officer holding a public document shall give a certified copy to any applicant. Every public officer can now ask the rti applicant to apply under this alternate procedure and RTI power will be reduced.


--- In, "sarbajitr" <sroy1947@...> wrote:
> 'Don't use RTI if other means of getting info open'
> New Delhi, May 21 (PTI) The Central Information Commission has said RTI Act should not be used if an alternative process of obtaining information is available.

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