CIC: Lawyers Cannot Use RTI to Get Info on Their Clients' Cases
CIC: Lawyers Cannot Use RTI to Get Info on Their Clients' Cases
The Central Information Commission ruled that advocates cannot leverage the RTI Act to obtain case details for clients, safeguarding the Act's core transparency goals.
New Delhi — The Central Information Commission ruled that advocates cannot use the Right to Information Act to seek details about cases they are handling for clients, arguing that this practice undermines the act's transparency goals. In a dispute over a terminated fruits-and-vegetables supply contract at a Jawahar Navodaya Vidyalaya in Haryana, the advocate claimed information on behalf of his brother, a former supplier to the public authority. The commission noted that there is no explanation why the supplier himself could not seek the information, and it appears the appellant sought information on behalf of his client—an approach not permissible.
Quoting a Madras High Court order, the CIC emphasized that a practising advocate cannot seek information relating to cases instituted by him on behalf of his client. The high court cautioned that otherwise, every practising advocate would invoke RTI to obtain information for their practice, which would not advance the RTI Act's objects. The commission also noted that, while some records were destroyed in a fire and personal information could be denied under exemptions, there was no infirmity in the reply furnished by the CPIO. The appeal was disposed of with a direction to share copies of written submissions with the appellant.
