CENTRAL INFORMATION COMMISSION
Appeal No.CIC/WB/A/2008/00343 dated 6.2.2008
Right to Information Act 2005 - Section 19
Appellant - Shri Milap Choraria
Respondent - President's Secretariat
Decision announced: 6.8.2009
Facts
:
By an application of 10.12.07 Shri Milap Choraria of Rohini, Delhi applied
to the CPIO President’s Secretariat seeking the following information:
“during the hearing of appeal No. CIC/WB/A/2006/01003 of 2006
against CPIO and AA of the President’s Secretariat, held on 9th
October, 2007, the personnel representing the CPIO and Appellate
Authority of the President’s Secretariat referred before the Hon’ble
Chief Information Commissioner that the Written Opinion were
obtained by the President’s Sectt. from Ld. Mr. Milon Bonerjee,
Attorney General of India, who raised serious objection against
supply of the respective Information sought by me through
applications being subject matter of the above numbered Appeal.
Therefore, under Section 6(1) of the Right to Information Act, 2005,
I want Certified copy of the aforesaid Written Opinion submitted by
the Attorney General of India.”
To this Shri Milap Choraria received a response from CPIO Shri Faiz
Ahmad Kidwai, President’s Sectt. dated 4.1.08 refusing the information as
follows:
“As the requested information is sensitive in nature, available in a
fiduciary relationship and warrants the preservation of
confidentiality, therefore, it is felt that this information may not be
disclosed in the larger public interest.”
Shri Choraria then moved an appeal before Appellate Authority,
President’s Secretariat on 9.1.07 pleading as follows:
“The Attorney General of India is also Ex-Officio of the Bar Council
of India, thus his conduct as alleged Government Lawyer, cannot1
be regulated by Chapter V of the Advocates Act, 1961. Therefore,
Government of India cannot be termed his client, in terms of the
Advocates Act, 1961. However, a legal advice (opinion) always
consists of the interpretation of the law thus always liable to be
approved by a Court of law through adjudication, for approval of its
sanctity and efficacy. Thus any legal advice or Opinion given even
by a lawyer or by Attorney General of India, cannot come under
‘fiduciary relationship” between a lawyer and client, as falsely
claimed by the above named CPIO.”
Shri Milap Choraria has also submitted that our decision of 16.11.07 in
Appeal No. He has challenged CIC/WB/A/2006/01003 before us through an SLP.
A copy of the SLP was also Emailed to us is attached, in which Shri Milap
Choraria has submitted as follows:
“The strong scope of biasness, in passing the said Order, from the
Hon’ble Chief Information Commissioner, Shri Wajahat Habibullah,
is exists:
That the tenure of the Hon’ble Chief Information Commissioner Shri
Wajahat Habibullah, between October, 1991 and July, 1993 was,
as Secretary of Rajiv Gandhi Foundation, headed by Smt. Sonia
Gandhi as its Trustee. I would not have considered for any reason
or ground for any biasness, if I would not have experienced
something which suggesting a biasness in passing of the aforesaid
Order.”
Ms. Chaubey’s order on this appeal dated 1.2.08 is as follows:
“I have gone through the case in detail and I find that the opinion
sought by the President’s Secretariat from the Attorney General,
with reference to a case which has already been dismissed in
favour of the President’s Secretariat by the CIC vide their decision
notice dated 16.11.2007, will come under fiduciary relationship
hence will be exempted under Section 8(1)(e) of the RTI Act. The
stand taken by the CPIO is upheld and the appeal stands
dismissed.”
Shri Choraria has then moved a second appeal before us with the
following prayer:
“Legal Opinion on any matter cannot be covered within
Fiduciary Relationship as claimed by above named CPIO and2
Appellate Authority. Therefore, the Hon’ble Central Information
Commission should direct to the Respondents:
a) to supply the complete information sought by the
Appellant at free of charge, in compliance of Section
7(6) of the Right to Information Act, 2006.
b) Impose penalty of Rs. 250/- per day with the limitation of
maximum amount of Rs. 25,000/- after calculating period
of delay, may be occurred till actual date of supply of
the information sought by the Appellant;
c) For any other order or orders as may be necessary for
the ends of the justice.”
The appeal was scheduled for hearing on 20.7.09 but based on a plea
from appellant Shri Milap Choraria it was adjourned to 6.8.09. The appeal was
then heard on 6.8.09. Ms. Rasika Chaube, President’s Secretariat is present.
Appellant Shri Milap Choraria has on the telephone requested that since the
issue in question, inasmuch as it concerns the Ministry of Law & Justice, has
been referred to a Full Bench comprised of Chief Information Commissioner,
Informational Commissioner Shri A. N. Tiwari and Information Commissioner Shri
Satyananda Mishra, this case may also be referred to that Bench.
As mentioned above, appellant Shri Milap Choraria has moved an SLP
under rule 23 of CIC (Management) Regulation, 2007 which has been decided by
us on 4.4.08, as follows:
“I may also add that the validity of Ms. Sonia Gandhi, MP’s election
and the question of her citizenship have already been disposed of
by the Apex Court in AIR 2001 SC 3689 – Hari Shankar Jain vs.
Sonia Gandhi. The matter is of no relevance to this petition.
However, references to what the petitioner calls bias “behind
passing the said order (dated 16.11.06), by the Hon’ble Chief
Information Commissioner, Shri Wajahat Habibullah” (in Para 1 at
page 2 of his petition”) are not appreciated.
On the above basis, therefore, we have not found any grounds for
review in the limited discretion exercisable by us in this regard
under the law. The petition is, therefore, dismissed.”
However, it is indeed correct that I have served as Secretary, Rajiv
Gandhi Foundation, between the dates mentioned by appellant Shri Milap
3
Choraria in his SLP before us. Since this fact will erode the confidence of
petitioner in our equitability, I recuse myself from hearing this appeal and transfer
this appeal to the Full Bench hearing appeal No. CIC/AT/A/2008/01533 listed for
hearing on 25.8.2009. In addition, I am also recused from the Full Bench in Shri
Milap Choraria vs. Ministry of Law & Justice, appeal no. CIC/AT/A/2008/01533.
Information Commissioner Shri M. A. Ansari will replace me on the Bench.
Announced in the hearing. Notice of this decision be given free of cost to
the parties.
(Wajahat Habibullah)
Chief Information Commissioner
6.8.2009
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges, prescribed under the Act, to the CPIO
of this Commission.
(Pankaj Shreyaskar)
Joint Registrar
6.8.2009
4