SAURAV DAS versus UNION OF INDIA & ORS.

SAURAV DAS versus UNION OF INDIA & ORS.

The petition to direct all States to publish on their websites copies of all chargesheets/final reports filed under Section 173 Cr.P.C. is rejected because such publication would be contrary to the scheme of the Cr.P.C. (Sections 173 and 207) which mandates furnishing prosecution reports and related documents only to the accused; chargesheets and accompanying materials are not public documents under the Evidence Act and do not fall within the proactive disclosure obligations of Section 4(1)(b)/4(2) of the RTI Act; consequently the petitioner is not entitled to the relief sought and the petition is dismissed.

Parties
Petitioner: Saurav Das; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
20 January 2023
Procedural Posture
Writ Petition (civil) No.1126 of 2022 Under Article 32 of the Constitution of India / Final Judgment Dismissing the Petition by the Supreme Court
Outcome
Writ petition dismissed.
Legal Topics
Publication of Chargesheets, Transparency in Criminal Justice, FIR Publication, Public Access to Prosecutorial Documents, Privacy of Accused and Victims
Criminal Procedure Evidence Right to Information Constitutional Law Publication of Chargesheets Transparency in Criminal Justice FIR Publication Public Access to Prosecutorial Documents +1 more

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Parties

Saurav Das

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (civil) No.1126 of 2022 Under Article 32 of the Constitution of India / Final Judgment Dismissing the Petition by the Supreme Court

Legal Issues

  1. 1 Whether States should be directed to publish chargesheets and final reports filed under Section 173 Cr.P.C. on their websites
  2. 2 Whether chargesheets and accompanying documents are public documents under the Indian Evidence Act
  3. 3 Whether copies of chargesheets fall within proactive disclosure obligations under Section 4(1)(b) and Section 4(2) of the RTI Act

Ratio Decidendi

The petition to direct all States to publish on their websites copies of all chargesheets/final reports filed under Section 173 Cr.P.C. is rejected because such publication would be contrary to the scheme of the Cr.P.C. (Sections 173 and 207) which mandates furnishing prosecution reports and related documents only to the accused; chargesheets and accompanying materials are not public documents under the Evidence Act and do not fall within the proactive disclosure obligations of Section 4(1)(b)/4(2) of the RTI Act; consequently the petitioner is not entitled to the relief sought and the petition is dismissed.

Court Disposition

Writ petition dismissed.

Orders

  • Writ Petition (Civil) No.1126 of 2022 dismissed; no direction issued to States to publish chargesheets or final reports filed under Section 173 Cr.P.C. on their websites.