Whether draft judgments are public records under RTI?

The full bench of this Court in Subhash Chandra Agarwal (Supra) has hold that even draft judgments signed and exchanged are not to be considered as final judgment but only a tentative view liable to be changed. It has been held that draft judgment cannot be said to be information held by a public authority. The full bench held, that the apprehension of the learned Attorney General, that notes or jottings by the Judges or their draft judgments would fall within the purview of Right to Information Act, is misplaced. Notes taken by Judges while hearing a case, it was held, cannot be treated as final views expressed by them on the case and are meant only for the use of the Judges and cannot be held to be a part of a record 'held' by the public authority.

Delhi High Court

Tapan Choudhury vs Central Information Commission & ... on 30 September, 2016

W.P.(C) 8917/2016

        
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

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Whether notes taken by steno of Judge in shorthand notebook is public record under RTI?

 In the present case, the petitioner is seeking copies of the shorthand note books in which the Stenographer takes dictation of the Court. First of all, shorthand note books, as reported by the CPIO, are not retained and secondly the shorthand note book cannot be equated with a judgment or an order, which forms part of the judicial record. Shorthand notebook can at best be treated as a memo of what is dictated to a steno to be later transcribed into a draft judgment or an order. When draft judgments and order do not form part of a 'record' held by a public authority, a shorthand note book which is memo of what is dictated and which would later be typed to become a draft judgment or an order can certainly not be held to be 'record' held by a public authority.

Delhi High Court

Tapan Choudhury vs Central Information Commission & ... on 30 September, 2016

W.P.(C) 8917/2016

        
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

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Whether certified copy of public document will prevail over private document in case of dispute?

 The Division  Bench of this Court in the
case   of  Vasudha   Gorakhnath   Mandvilkar  (supra)   in
paragraph­14 held :
"14. Consequently   whenever   there   is   a
variance   between   an   unproved   private
document   or   its   copy   and   a   certified
extract   of   a   public   record,   the   later
must   prevail   as   it   has   more   probative
value,   carrying   the   presumption   as   it
does   under   section   79   of   the   Evidence
Act.   This presumption would continue to
hold   until   it   is   rebutted.     It   can   be
rebutted   only   by   production   of   the 
original   public   record   from   which   the
extract is made out and certified to be
tried by  the relevant authority. Only if
it   is   so   rebutted,   such   certified   copy
issued by a public authority would stand
nullified." (emphasis added).
     IN THE HIGH COURT OF JUDICATURE AT BOMBAY 
BENCH AT AURANGABAD
WRIT PETITION NO.365 OF 2012

Subhash Somla Pawar, V    The State of Maharashtra.

CORAM :     S.S. SHINDE, J.
                
  PRONOUNCED ON : 04-­02-­2013

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