Nothing Confidential About Property Register Kept In Public Office In Modern Era Of Right To Information & Transparency: Kerala High Court

A High Court ruling clarifies that property registers maintained by criminal courts are judicial records rather than confidential non-judicial documents. By overturning a lower court’s refusal to grant a certified copy, the judgment establishes that transparency and the right to information override arbitrary secrecy claims for such administrative forms. This decision reinforces the principle that records essential to the administration of justice, particularly those produced during criminal trials, must remain accessible to stakeholders. The court reasoned that the classification of a form as administrative does not determine its legal character or restrict its disclosure. Since these registers play a pivotal role in ensuring fair legal proceedings, keeping them confidential undermines the integrity of the judicial process. The ruling emphasizes that denying access to such documents, when requested for a legitimate defense purpose, is legally improper and inconsistent with modern standards of open governance and public accountability. This case is highly relevant to open data because it defines a critical category of public records that should be accessible without undue restriction. It sets a precedent for treating judicial administrative data as open by default, promoting transparency in legal operations. For data advocates, this highlights the importance of challenging opacity in public institutions and ensures that essential criminal justice data remains available for public scrutiny and individual use.

Source: livelaw.in
Published on 2024-06-28

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