S66 of evidence act
I am filing a criminal complaint in a matter of corruption. In that case a complaint had been made to CVC. The CVC sent the complaint to Railway vigilance for investigation. The railway vigilance officers, had in glove with the corrupt, prepared false & fraudulent investigation report which was accepted by the CVC and closed the case. Even when the CVC was informed how the investigation report of the railway vigilance was incorrect & fraudulent, its officers, in connivance with railway officials did not reopen the case and did not take appropriate action. Resultant was that a contractor got away with wrongful payment of about 1.9 crores. The file of CVC contains the evidence of crime committed by the CVC officials. They are now refusing to give the files under RTI Act after the Girish Deshpande judgment of SC. In another case i have CVC files obtain under RTI Act which are although authenticated by the CVC officials but do not comply with the format of certification prescribed in s.76 of Evidence act. With these facts, i have following questions -
(1) Whether i can given a notice to CVC quoting s.66 of Evidence Act that they should provide me certified copy of the files as per s.76 of Evidence Act.
(1)(a) Whether authority to inspect the files can be relied to invoke the section 76
(1)(a) If yes, is there any prescribed format for notice u/s 66
(2) Whether the earlier true copies provided by the CVC can be accepted by the court as "Secondary Evidence"
(3) If CVC destroyed the files, what is the remedy
(4) Can i ask the CVC that instead of destroying the files, they should hand over the same to me or preserve them for production into the court.