The Karnataka Excessive Courtroom noticed final week that an accused shouldn’t be pushed to safe paperwork underneath the Proper to Data (RTI) Act when an utility has been filed underneath Part 91 of the Legal Process Code (CrPC). Part 91 of the CrPC allows the courtroom to order the summons of paperwork or related gadgets.
A single-judge bench of Justice M Nagaprasanna made the statement whereas listening to a petition filed by Shivamurthy Murugha Sharanaru, the Murugha Mutt pontiff who has been accused of sexually assaulting two minor women, on February 13.
Sharanaru had approached a trial courtroom with an utility underneath Part 91 of the CrPC requesting station home diaries and obligation rosters of Cottonpet police station in Bengaluru for sure dates, together with particulars of patrolling and a few communications.
The prosecution had objected to the discharge of the paperwork on the grounds that they may very well be secured by a petition underneath the RTI Act. Based mostly on this, the decrease courtroom had rejected the petition.
“The rejection of which is on the face of it unlawful as that’s not the purport of Part 91 of the Cr.P.C. that an accused needs to be pushed for securing paperwork underneath the Proper to Data Act when an utility is filed underneath Part 91 of Cr.P.C. In that mild, the petition deserves to succeed with the prayer,” the excessive courtroom stated in an order that was lately made public.
The excessive courtroom quashed the decrease courtroom order and directed the prosecution to furnish paperwork on the acceptable stage within the trial.
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