RTI activists and volunteers are bound to have independent character and proceedings for conclusion before the FAA and SIC or CIC as the case may be, keeping in view the explanation made by law code manual, prefixed by the Constitution of India, in this behalf on the basis of which all are supposed to work on the captioned subject of law and rules however wrong interpretation of law and rules and explanation made by the investigation by enquiry officers and the other related concern, partialities may be
destroy the real world assumptions and truth at the time of occurred incidents where Courts and commissions are depending upon the oral evidences and the law relating to the production of un -published official records as evidence in courts is contained in Section 123 , 124 and 162 of the Indian evidence Act, 1872 (Act 1of 1872) Section 123 and 124 respectively state that:-- "No one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except with the permission of the officer at the Head of the department concerned, who shall give or withhold such permission as he think fit " (Section 123) . (2) "No public officer shall be compelled to disclose communication made to him in official confidence when he considers that the public interest would suffer by the disclosure. " (Section 124).As such there is a distinction between the provisions of Section 123 and Section 124 of the evidence Act. If the document comes within Section 123 , the court cannot inspect it, though it can take other evidence to determine the character attributed to the document. Of course, it is for the court to ultimately determine whether the document in respect of which the privilege is claimed is a state document within the meaning of Section 123 of the Evidence Act. If a document falls within the ambit of Section 124 of the Evidence Act, the court can inspect the document to determine the claim of privilege.Keeping in view the above position of procedure laid (Act1of 1872 ) An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the Constitution of a Central Information Commission and State information Commissions and for matters connected therewith or incidental thereto the Constitution of India has established democratic Republic , so required for informed citizenry and transparency of information and are vital to its functions and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed;provisions of the RTI and the RTS Act has been empowered and introduced for the welfare of people of country and it is very necessary to protect and harmonise these conflicting interests while preserving the paramountcy of the democratic ideal ;--Er Fateh chand Guleria, C/O RTI Welfare Association registered number HPCD 3552 , Bilaspur Himachal pradesh phone number 9459334377.
No comments:
Post a Comment