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Solicitor general’s advice to govt exempt from RTI: HC | India News – Times of India



NEW DELHI: Delhi high court recently held that the legal advice given by the solicitor general of India (SG) to the government of India and other government departments is exempt from disclosure as per Section 8(1)(e) of the Right to Information (RTI) Act of 2005.
The single judge bench of Justice Subramonium Prasad observed that the solicitor general is duty bound to work for the benefit of the central government and other departments in good faith.
The court made the observation while setting aside an order passed by the central information commissioner (CIC) on December 5, 2011, in the case filed by one Subhash Chandra Agrawal.
The central government had filed the petition challenging the CIC order, which directed the central public information officer (CPIO) of the Union ministry of law and justice to provide a copy of the note/opinion of year 2007 given by the then solicitor general of India to the department of telecommunications of erstwhile ministry of communications and information technology.
Holding that Agrawal failed to demonstrate as to what is the public interest that would be subserved by procuring the details of the advice of the solicitor general, the court remarked: “The petitioner has not been able to demonstrate as to what is the public interest that would be subserved so as to invoke the provisions of Section 8(2) of the RTI Act. In the absence of any public interest, the information sought by the respondent, which is exempted under Section 8(1) of the RTI Act, this court is not inclined to invoke the provisions of Section 8(2) of the RTI Act.”





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