RTI Can’t Be Used by Advocates to Obtain Client-Case Records: CIC
From the Editor's Desk
The Central Information Commission (CIC) has held that advocates cannot invoke the Right to Information (RTI) Act to obtain case-related details in matters they are pursuing for clients, noting that such use does not serve the transparency law’s intended purpose.
The ruling came while rejecting a second appeal filed by an advocate in connection with a dispute over the termination of a fruits-and-vegetables supply contract at a Jawahar Navodaya Vidyalaya in Haryana. Information Commissioner Sudha Rani Relangi recorded that the appellant had sought information “on behalf of his brother, who used to be supplier of vegetables/fruits to the respondent public authority”.
The commission observed that since no reasons were offered for why the supplier could not seek the information himself, “it appears that the appellant has sought information on behalf of his client per se, which is not permissible”.
Citing a Madras High Court order, the CIC reiterated that “a practising advocate cannot seek information relating to the cases instituted by him on behalf of his client”. The high court had warned that otherwise, “every practising advocate would invoke the provisions of the RTI Act for getting information on behalf of his client”, which “does not advance the objects of the scheme of the RTI Act”.
The commission further relied on the same reasoning to emphasise that “laudable objectives of the RTI Act cannot be used for personal ends and should not become a tool in the hands of the advocate for seeking all kinds of information in order to promote his practice”.
Addressing the public authority’s submissions that some documents had been destroyed in a fire and that certain personal details were withheld under the law’s exemptions, the CIC said it found “no infirmity in the reply furnished by the CPIO”.
The appeal was disposed of, with directions to provide the appellant copies of the written submissions. (Agencies)
