CIC reiterated that a practising advocate cannot seek information relating to cases instituted by him on behalf of his client
NEW DELHI: The Central Information Commission (CIC) has ruled that advocates cannot use the Right to Information (RTI) Act to seek details related to cases they are handling for their clients, observing that such use does not advance the core objectives of the transparency law.
Dismissing a second appeal filed by an advocate in connection with the termination of a fruits-and-vegetables supply contract at a Jawahar Navodaya Vidyalaya in Haryana, information commissioner Sudha Rani Relangi noted that the appellant had sought information on behalf of his brother, who was a supplier to the public authority.
The Commission observed that, in the absence of any explanation as to why the supplier himself could not seek the information, it appeared that the advocate had filed the RTI application on behalf of his client, which is not permissible under the Act.
Citing a ruling of the Madras High Court, the CIC reiterated that a practising advocate cannot seek information relating to cases instituted by him on behalf of his client. The High Court had cautioned that allowing such practice would result in advocates routinely invoking the RTI Act for client matters, which would not serve the law’s intended purpose.
The Commission further noted that the objectives of the RTI Act cannot be used for personal or professional ends, nor should it become a tool for advocates to seek all kinds of information to promote their practice.
Taking note of the public authority’s submission that several records had been destroyed in a fire and that certain personal information was rightly denied under statutory exemptions, the CIC said it found no infirmity in the reply furnished by the Central Public Information Officer (CPIO).
The appeal was accordingly disposed of, with a direction to share copies of the written submissions with the appellant.
