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<title><![CDATA[Supreme Court - High Court - Legal Breaking News | Live Law India]]></title>
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<title>Supreme Court - High Court - Legal Breaking News | Live Law India</title>
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<lastBuildDate>Thu, 20 Aug 2026 11:56:16 GMT</lastBuildDate>
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<pubDate>Thu, 20 Aug 2026 11:56:16 GMT</pubDate>
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<title><![CDATA[Private Documents Obtained From Public Authority Under RTI Act Don't Become Public Documents: Gujarat High Court]]></title>
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<enclosure length="245361" type="image/jpeg" url="https://www-livelaw-in.nujs.remotlog.com/h-upload/2025/09/27/623068-justice-maulik-jitendra-shelat-gujarat-high-court.webp"/>
<content:encoded><![CDATA[<figure> <img src='https://www-livelaw-in.nujs.remotlog.com/h-upload/2025/09/27/623068-justice-maulik-jitendra-shelat-gujarat-high-court.webp'/><figcaption></figcaption></figure><p>The Gujarat High Court has held that a private document which is stored in a public office, sought and obtained under Right To Information Act does not automatically become public document under the Section 74 of Indian Evidence Act unless kept as a public record. [<b>2026 LiveLaw (Guj) 224</b>]</p>
<p>The court also held that even the certified true copies of such private documents obtained under RTI also does not constitute a public document. </p>
<p>As per Section 74(2) public records of private documents kept in any State, amounts to a public document. </p>
<p>The court was hearing a plea against a trial court order taking on record documents exhibited by the plaintiffs in a partition dispute, which were certified copies issued by the concerned bank and Surat Municipal Corporation. The defendant had objected to this arguing that the documents sought to be exhibited were not public documents and without proving them in accordance with law, they cannot be exhibited. </p>
<p>Referring to various Supreme Court judgments, <b>Justice Maulik J Shelat </b>in his order held:</p>
<blockquote>
 <span>"<i>it is abundantly clear that a private document of which public record is kept does not in itself constitute a public document. However, the public record of such private document kept in any State is a public document. To put it simply, a private document merely stored or available in a public office does not automatically become a public document unless it is kept as public record</i>". </span>
</blockquote>
<p><span>The court said that the plaintiffs had received the  documents in question under RTI from </span>Surat Municipal Corporation (SMC). The<span> documents are private documents and for any purpose submitted to SMC, the court said. </span></p>
<blockquote>
 <span>"<i>Since the documents submitted on record of the case are photostat copies of the documents whose records are kept by SMC, their certified/true copy obtained through under RTI Act, 2005 do not constitute public documents. In my considered view, these private documents do not, in themselves, constitute public documents within the meaning of sub-section (2) of Section 74 of the Act, 1872, merely because they are kept by SMC</i>," the court added. </span>
</blockquote>
<p>The high court said that the <span> documents which are disputed by the defendants undoubtedly are private documents, in as much as they could not be said to be public documents in any manner whatsoever.</span></p>
<p>The high court also ruled that <span>the family partition agreement received under RTI by the plaintiffs, would also not automatically become a public document as per the provisions Evidence Act 1872. </span></p>
<p><span>It said that even if it may be admitted as secondary evidence, first the plaintiffs are required to lay its foundation and prove it in accordance with law.</span></p>
<p><span>The court thus set aside the trial court order and allowed the defendants plea. </span></p>
<p><b>Case title: RAJESHBHAI KRUSHNAKANT JARIWALA & ORS. v/s  FALGUNIBEN KAMALKANT JARIWALA & ORS.</b></p>
<p>R/SPECIAL CIVIL APPLICATION NO. 17104 of 2021</p>
<p>Citation: 2026 LiveLaw (Guj) 224</p>
<p>Appearance: MR RR MARSHALL, SENIOR ADVOCATE WITH MR MRUGEN K PUROHIT(1224) for the Petitioner(s) No. 1,2,3,4,5,6,7,8,9</p>
<p>MR ARPIT A KAPADIA(3974) for the Respondent(s) No. 1,2,3</p>
<p><a href="https://www-livelaw-in.nujs.remotlog.com/pdf_upload/2026/08/20/5-695191.pdf" target="_blank">Click Here To Read/Download Order</a><br></p>]]></content:encoded>
<link>https://www-livelaw-in.nujs.remotlog.com/high-court/gujarat-high-court/gujarat-high-court-rti-private-document-stored-govt-office-public-record-546674</link>
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<category><![CDATA[RTI,High Courts,Gujarat High Court,All High Courts,Civil Law,OTHERS]]></category>
<dc:creator><![CDATA[LIVELAW NEWS NETWORK]]></dc:creator>
<pubDate>Thu, 20 Aug 2026 11:56:14 GMT</pubDate>
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<title><![CDATA[Karnataka High Court Flags 'Misuse' Of RTI Act, Seeks Details From Activists Who Filed Thousands Of Applications & Appeals]]></title>
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<enclosure length="480480" type="image/jpeg" url="https://www-livelaw-in.nujs.remotlog.com/h-upload/2026/07/01/683450-justice-suraj-govindaraj-karnataka-hc.webp"/>
<content:encoded><![CDATA[<figure> <img src='https://www-livelaw-in.nujs.remotlog.com/h-upload/2026/07/01/683450-justice-suraj-govindaraj-karnataka-hc.webp'/><figcaption></figcaption></figure><p>The<b> Karnataka High Court </b>has on August 19 [Wednesday] directed several petitioners who have been blacklisted by the Karnataka Information Commission (KIC) to file detailed affidavits justifying the thousands of RTI applications and appeals they have filed, observing that such large-scale filings ex-facie appears to be a misuse of the RTI Act.</p>
<div class="pasted-from-word-wrapper"> 
 <p>The single judge bench of <b>Justice Suraj Govindaraj</b> was hearing a batch of writ petitions challenging the blacklisting orders passed by KIC against multiple RTI activists.</p> 
 <p>The Court expressed serious concern over the alleged misuse of RTI Act, noting that a few individuals have filed thousands of appeals, clogged the system and affecting administration. To address the issue at hand, the court passed the following directions:</p> 
 <p><i>“…. Each of the petitioners is hereby directed to file a detailed affidavit before this Court within 30 days from today (i.e., on or before September 21, 2026). The affidavit shall specifically detail the following: i) the total number of applications/appeals filed, ii) the date on which each application was filed, iii) the authority before whom each application was filed, iv) the specific documents and information sought in each application, v) the reasons for which the information was sought and vi) the purpose/place for which the said information/documents are intended to be utilized.”</i></p> 
 <p>The additional directions issued are as follows:</p> 
 <p><i>“The Karnataka Information Commission is directed to furnish a complete list of all the appeals filed by each of the petitioners before the Commission. This list shall be furnished to the respective petitioners on or before August 28, 2026. In view of the submissions made by Sri G.B. Sharath Gowda that the petitioners are insisting on the disposal of their appeals despite the pendency of these writ petitions, it is clarified that the Karnataka Information Commission need not proceed with the hearing/disposal of the appeals that are pending before it, which are the subject matter of these petitions, until further orders of this Court….”</i></p> 
 <p>When the matter was taken up initially, the Court expressed strong reservations about the sheer volume of applications/appeals filed by the petitioners before the Public Information Officers and KIC. When one petitioner- Jagadeesh M-who is a lawyer and Zilla Parishad member, claimed to have filed 1,294 appeals over six years seeking information about welfare schemes, the bench remarked:</p> 
 <p><i>“…So, at the rate of one application a day. This dumping of applications is not good. The issue happening is that they are not able to work because they are only looking at your applications, some of the information available on website that also, you are applying for”. </i></p> 
 <p>Subsequently, the court also noted that one petitioner- Davalsab M- had filed 14,774 second appeals before the Commission, while another fortnightly magazine owner-G R Sudheendra- had filed 6,482 appeals. </p> 
 <p>The bench orally observed,</p> 
 <p><i>“…9600 grievances cannot be genuine. No person can have 9600 grievances, then he has a lot of trouble in life…. Firstly, it will affect the functioning of administrative mechanism. It is not just RTI applications, there are other works also…Secondly, genuine applications are pending…Thirdly, the benefit of legislation if its misused will go…Like any good legislation if its misused it will create problems, if your clients are resorting to this, we have to intervene at the behest of genuine people<b>”,</b></i><b> </b>the court said.<b></b></p> 
 <p><i>Similarly, </i>when Sudheendra claimed to be running a fortnightly magazine and filing applications for investigative journalism purposes, the bench questioned:</p> 
 <p><i>"Investigative Journalism is not RTI Journalism….You have to do investigative journalism, not like this. So, you are going to publish 6,700 articles [referring to similar number of RTI applications preferred by him]? How many pages does your publication have?"</i></p> 
 <p>The Court orally observed that while the magazine reportedly has 100-200 pages published every 14 days, the volume of applications raised serious questions about their genuineness.</p> 
 <p>The petitioners, primarily, contended in unison that since the information was not furnished initially, the petitioners filed first and second appeals before KIC in exercise of their legal rights. They argued that this exercise of legal remedy cannot be faulted, and consequently, the petitioners ought not to have been blacklisted.</p> 
 <p>However, the court also took note of the respondent counsel's submission that KIC currently has approximately 45,000 pending appeals. According to the respondents, if just four such petitioners presently before the court were weeded out, nearly 20,000 appeals would be disposed of.</p> 
 <p>Advocate G.B. Sharath Gowda, appearing for KIC further submitted that the petitioners' appeals are clogging the system and coming in the way of genuine appeals being heard. On similar lines, it was also told by the AGA for the state that the volume of applications is affecting the daily functioning of public authorities and coming in the way of proper administration.</p> 
 <p>The amicus curiae, Maitreyi Krishna, appearing in the matter submitted that there is no specific provision under the RTI Act empowering the Commission to blacklist applicants. However, the Court noted that this aspect of power of KIC to blacklist requires consideration.</p> 
 <p>The matter will be taken up again on September 28.</p> 
 <p><b>Case Title: G.R Sudheendra v. State of Karnataka & POther Connected Matters.</b></p> 
 <p><b>Case No: WP 17771/2026 & Ors.</b></p>
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<category><![CDATA[RTI,High Courts,Karnataka High Court,All High Courts]]></category>
<dc:creator><![CDATA[Sebin James]]></dc:creator>
<pubDate>Thu, 20 Aug 2026 07:36:28 GMT</pubDate>
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