You have said that the high court has rejected the bail application without giving any reasons. And, to find out the reasons for rejection of bail by high court, you want to file RTI application. I am sorry. For getting the reasons in a judicial order (when the order itself mentioned none), you cannot file RTI application. It would not be permissible. The Right to Information Act permits seeking of “information”, which means that this information must be available in one form or another with the concerned authority. You are seeking the “reasons” when no reasons exist in the order concerned. This may not be permissible.
You may also see a related detailed reply given by me earlier on a similar issue: Can I make an RTI Application for getting judicial records from a court?
With regard to your second question as to the action that you can take after rejection of bail application by high court. Please note that you can file a Special Leave Petition (SLP) before the Supreme Court challenging the order of the high court. Second option is to wait for some reasonable time (say, at least about 5-6 months) or some other change in circumstances (such as, for example, filing of charge sheet if it was not done already; or, completion of examination of important witnesses during trial) and apply afresh for bail again in the trial court and if need be, to approach high court again (after fresh trial court order) for bail.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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