The New Indian Express: Kochi: Sunday, March 17, 2013.
The Kerala
High Court on Friday stayed the order issued by the State Information
Commission directing the Advocate General’s (AG) office to provide to a Right
to Information (RTI) applicant a copy of the AG’s advice given to the state
government in connection with a custodial death.
Justice P R
Ramachandra Menon passed the order while considering a petition filed by the
AG’s office and others, challenging the order. It contended that the
relationship between the AG and the state is one between a lawyer and a client,
which requires utmost confidence and trust.
Special
Government Pleader Tom K Thomas submitted that the relationship was fiduciary
in nature, hence the opinion given by the AG to the state is exempted under
Section 8(1) (e) of the RTI Act. Information Commissioner MN Gunavardhanan, on
an appeal by P Ashraf of Thalassery, ordered the AG’s office to provide a copy
of the advice given by the AG on the state government’s decision to move the
Supreme Court in connection with the custodial death of Sampath.
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