CIC: Lawyers can't use RTI for cases they are handling

3 months ago 94
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 Lawyers can't usage  RTI for cases they are handling

NEW DELHI: In a important order, Central Information Commission (CIC) has said advocates cannot usage Right to Information (RTI) Act by filing applications to question details regarding cases they are handling for clients, and cited a Madras precocious tribunal judgement that emphasised utilizing the instrumentality this mode defeats its halfway objectives.The ruling came successful a lawsuit wherever accusation commissioner Sudha Rani Relangi dismissed a 2nd entreaty filed by an advocator successful a quality related to the termination of a fruits-and-vegetables proviso declaration astatine a Jawahar Navodaya Vidyalaya successful Haryana.In the bid dated Jan 12, Relangi said, "The appellant being an advocator by assemblage has sought the accusation connected behalf of his member who utilized to beryllium supplier of vegetables/fruits to the responsive nationalist authority.

In the lack of immoderate information stated by the appellant arsenic to wherefore is helium seeking details connected behalf of his member who tin personally inquire for accusation arsenic a citizen, it appears that the appellant has sought accusation connected behalf of his lawsuit per se which is not permissible successful presumption of the judgement passed by the Madras HC (Madurai bench).

"She cited the applicable parts of the HC judgement wherever the tribunal had noted successful an RTI substance that "the archetypal responsive dismissed the entreaty connected the premise that the petitioner being a practising advocator cannot question accusation relating to cases instituted by him connected behalf of his client.

As a national helium tin personally inquire for information, but not arsenic an advocator connected behalf of his client.""The reasoning fixed by the archetypal responsive cannot beryllium faulted astatine all. The 2nd entreaty filed by the petitioner has been rightly rejected, arsenic otherwise, each practising advocator would invoke the provisions of the RTI Act for getting accusation connected behalf of his client, which concern does not beforehand the objects of the strategy of the RTI.

Act. The laudable objects of the RTI," it said.The tribunal said, "the Act cannot beryllium utilized for idiosyncratic ends and should not go a instrumentality successful the hands of the advocator for seeking each kinds of accusation successful bid to beforehand his practise".Relangi took the aforesaid stance successful different lawsuit related to Inland Waterways Authority of India, wherever the appellant a lawyer had filed RTI applications and the archetypal and 2nd appeals connected behalf of his client, contending a satisfactory effect was not provided. Both the Jan 12 and Jan 14 orders - disposing of the cases - were passed by her citing the HC's judgment.

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