Can be legal opinion be treated as confidential ?
Milap Choraria
(Querist) 29 September 2011
This query is : Resolved
On my one of application under RTI Act, Law Ministry taken opinion from Attorney General of India. When I sought copy of such opinion, same was denied saying that opinion is also confidential. Can an Opinion given by Attorney General of India can be treated as secret or confidential? If so under which provision or whether any Ruling is given by SC or any HC?
Sailesh Kumar Shah
(Expert) 29 September 2011
if you in opinion that section 8 not applicable then file appeal.
prabhakar singh
(Expert) 30 September 2011
Attorney General of India can be treated as secret or confidential?
on part of Attorney General it is surely a confidential thing,a lawyer or a doctor can not disclose his consultation with client.
Of section 8 which subsection has been quoted
for denial is not told by you.???
Advocate. Arunagiri
(Expert) 30 September 2011
If you apply to the law ministry under RTI, you can get it.
If you apply to the Attorney general Office, you can not get it, because giving legal opinion is a professional communication, can not be disclosed.
R.Ramachandran
(Expert) 30 September 2011
Mr. Arunagiri,
The querist seems to have made an application under RTI seeking information. Even for furnishing the information to his first Application, the Law Ministry seems to have obtained a legal opinion from the Attorney General's Office. Subsequently after coming to know that a opinion of AG had been obtained, when he made another RTI application to the Law Ministry, seeking a copy of the said opinion rendered by the AG, it seems they claim confidentiality as a defence in not disclosing/making available the copy of the opinion.
The Querist may have to make an appeal, if he feels aggrieved.
kuldeep kumar
(Expert) 30 September 2011
i m wondering to think that what is gone in between AG and law ministry should be disclosed to informist.why should such confidential things taken between govt functionaries should be disclosed instead the informist should await his replies and if not satisfied again apply.this process should go on and on
Guest
(Expert) 30 September 2011
What type of information did you call from the Law Ministry, so that it can be sen whether any such information falls within the scope of Se.8 of the RTI Act or not?
Milap Choraria
(Querist) 01 October 2011
My Original application under RTI Act, 2005 was to know that what action were taken by His Excelency President of India Dr. APJ Kalam, on my representation against claim of Smt. Sonia Gandhi to form an Government. Information was given that my represenation along with others were considered. I filed appeal before CIC, claiming that Information is half, because action part is not disclosed. During the hearing it was stated by President Secretariat that on my aforesaid application Opinion was sought, but not shown to me. When submitted application for copy of the Opinion, then President's Secretriat stated that same was categorised by Ministry of Law and Justice as "Confidential". Thereafter I ssought file noting by which aforesaid document was made "Confidential". Then it was also made "Confidential". These issues are pending before CIC. However, in the meantime I also sought copy of the Opinion from the Office of the Attorney General, which was denied and now matter is pending before CIC.
Guest
(Expert) 01 October 2011
In that case, better wait for the disposal of your appeal with the CIC.
