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2022 Supreme(Ker) 681

P. V. KUNHIKRISHNAN
Secretary To Advocate General, Office Of The Advocate-General, Kerala – Appellant
Versus
State Information Commissioner, Kerala Represented By Secretary – Respondent


Advocates Appeared:
For the Petitioners: Shri. T.B. Hood.
For the Respondent: Sri. M. Ajay, Sri. P.K. Ibrahim, Sri. C.V. Antony Kothamangalam.

JUDGMENT :

1. Common legal questions are raised in these two writ petitions; therefore, I am disposing of these two writ petitions by a common judgment.

2. Whether the relationship between the Advocate General of the State and the Government is a fiduciary relationship? Whether the legal opinions given by the Advocate General to the Government are exempted as per Section 8(1)(e) of The Right to Information Act, 2005 (for short, Act 2005)? These are some of the questions to be decided in these cases.

3. First, I will consider the facts in W.P.(C). No.7979/2010. The 1st petitioner is the Secretary to the Advocate General, Kerala, and the 2nd petitioner is the State Public Information Officer (SPIO) in the Office of the Advocate General, Kerala, designated under Section 5 of the Act 2005. The 3rd petitioner is the appellate authority under the Act 2005. This writ petition is filed challenging Ext.P10 order of the 1st respondent State Information Commission. The 2nd respondent herein submitted Ext.P1 application dated 10.06.2009 to the 2nd petitioner under the Act 2005 requesting to furnish a certified copy of the "report" given by the Advocate General to the Government of Kerala in th

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