New Delhi: The Central Information Commission (CIC) has clarified that practising advocates cannot use the Right to Information (RTI) Act to obtain details related to cases they are handling on behalf of clients, stating that such use does not align with the fundamental purpose of the transparency law.
The ruling came while dismissing a second appeal filed by an advocate concerning the cancellation of a fruits and vegetables supply contract at a Jawahar Navodaya Vidyalaya in Haryana. Information Commissioner Sudha Rani Relangi observed that the information was sought by the advocate on behalf of his brother, who had earlier supplied produce to the school.
The Commission noted that the appellant failed to explain why the supplier himself did not file the RTI request. In the absence of such justification, the CIC concluded that the advocate was effectively seeking information for his client, which is not permissible under the RTI framework.
Citing a Madras High Court judgment, the Commission reiterated that lawyers cannot invoke the RTI Act to gather information connected to cases they have instituted for clients. The court had previously warned that allowing such practices would result in advocates routinely using RTI as a litigation tool, thereby undermining the law’s intended objective of promoting transparency in public administration.
The CIC further emphasised that the RTI Act’s objectives should not be misused for personal or professional gain, cautioning against its use as a means to advance legal practice.
The Commission also took note of the public authority’s submission that several records had been destroyed in a fire and that certain information was exempt from disclosure due to its personal nature. It found no fault with the response provided by the Central Public Information Officer (CPIO).
Accordingly, the appeal was dismissed, with the CIC directing that copies of written submissions be shared with the appellant.
