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3
February 2017
The
Delhi High Court on Friday ruled that the office of the Attorney General of
India does not come within the ambit of the Right to Infomation Act, saying its
"predominant function" is to give advice on legal matters to the
government. The Total Investment &
Insurance Solutions
A
division bench of Chief Justice G. Rohini and Justice Jayant Nath said that the
Attorney General appears in court on behalf of the government of India and has
fiduciary relationship with the government and his opinions cannot be put in
the public domain. The Total Investment
& Insurance Solutions
The
court set aside a March 2015 verdict by a single judge, which said the office
of the top law officer was answerable to public under the transparency law as
he performs public functions and his appointment is governed by the Constitution. The Total Investment & Insurance
Solutions
"Essentially,
the function being that akin to an advocate of the government of India, he is
in a fiduciary relationship with the government of India and cannot put in the
public domain his opinions or the materials forwarded to him by the government
of India," a bench headed by the High Court Chief Justice said while
reversing the earlier order. The Total
Investment & Insurance Solutions
The
judgment added: "The essential services provided by the AG are to advice
the government on legal matters and perform other duties such of a legal
character as may be assigned. The AG is not a functionary reposed with any
administrative or other authority which effect the rights or liabilities of
persons." The Total Investment
& Insurance Solutions
Under
the Right to Information (RTI) Act, any government office or authority or any
organisation substantially funded by the government comes under the purview of
the transparency law.
The
court's order came on appeals filed by the government against the single-judge
order.
Two
pleas were filed by RTI activist Subhash Chandra Agarwal and R.K. Jain before
the single judge, seeking to declare the Attorney General's office as a public
authority under the RTI Act.
One of
the pleas had also challenged the Central Information Commission's decision
holding that the office was not covered under the RTI Act.The Total Investment & Insurance
Solutions
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