Attorney General Must Be Under RTI : Delhi High Court

11 March, New Delhi
Delhi High Court has said that brought Attorney General of India under the ambit of RTI Act saying that the Attorney General is not merely a lawyer for the government, but is a constitutional authority. Justice Vibhu Bakhru held the office of AG to be a “public authority” as per the transparency act and reversed the decision of the Central Information Commission (CIC).

In 2012, a full bench of CIC ruled that the AG is only a person and can’t be considered an “authority” under the Act. Justice Bakhru pointed out that functions of AG are also in the nature of public functions and as required by the Constitution of India. In this view also, the office of the AG should be a public authority within the meaning of section 2(h) of the RTI Act,” the court explained.

The High Court was hearing two separate plea filed by RTI activists Subhash Chandra Agarwal and RK Jain who had challenged the CIC ruling and urged the court to declare AG office answerable to RTI Act. Allowing their plea, HC also directed the AG to reconsider the RTI application of Mr Jain.