Advocates cannot seek information under RTI Act for clients’ cases: CIC

The Central Information Commission (CIC) has ruled that advocates cannot invoke the Right to Information (RTI) Act to seek information relating to cases they are handling on behalf of their clients, holding that such use does not serve the objectives of the transparency law.
The ruling came while 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 observed that the appellant had sought information “on behalf of his brother,” who was the supplier to the public authority concerned.
CIC noted that the appellant failed to explain why the supplier himself could not seek the information. In the absence of such justification, the CIC held that the advocate had effectively sought information on behalf of his client, which is not permissible under the RTI Act.
Citing a Madras High Court ruling, CIC reiterated that a practising advocate cannot seek information relating to cases instituted by him on behalf of his client. The Court had cautioned that allowing such practice would result in advocates routinely invoking the RTI Act for their clients, which would not advance the purpose of the legislation.
It further quoted the judgment to emphasise that the “laudable objectives” of the RTI Act cannot be used for personal or professional ends, nor should it become a tool for advocates to gather information to promote their legal practice.
Taking note of submissions by the public authority, CIC also observed that several records sought had been destroyed in a fire, while certain information was rightly denied under statutory exemptions relating to personal information. It found no infirmity in the response provided by the Central Public Information Officer. The appeal was accordingly disposed of, with a direction to provide the appellant copies of the written submissions.