Legal opinion provided by an advocate to their client is a privileged communication protected by a fiduciary relationship, and thus exempted from disclosure under Section 8(1)(e) of the RTI Act, 2005, unless outweighed by a demonstrable public interest under Section 8(2).

Relevant facts emerging from appeal:

RTI application filed on : 03.07.2024

CPIO replied on : 10.07.2024

First appeal filed on : 23.07.2024

First Appellate Authority’s order : 14.08.2024

2nd Appeal/Complaint dated : 02.01.2025

Information sought:

1. The Appellant filed an RTI application dated 03.07.2024 (online) seeking the following information:

“With utmost regard, it is submitted that in response to my online grievance No. BD1A8EWZ3E dated 30th March 2021 to 28th July 2021, submitted through the website of Pr.C.D.A. (C.C.) Lucknow, I was informed through an e-mail communication on 19th August 2021 that "the matter has been referred to the Assistant Solicitor General for his legal opinion. Further action will be taken on receipt of his opinion". (eMail Reply appended below).

In view of the above, it is humbly requested to kindly arrange to provide a copy of the opinion given by the Assistant Solicitor General in the final disposal dated 27 July 2021 in WP 15862(S/S)/2021 of the Hon'ble High Court of Allahabad, Lucknow Bench so that the same can be placed on record of SLP(C)15724/2021 of the Hon'ble Supreme Court of India.

The final hearing of SLP(C)15724/2021 is scheduled on 07 August 2024.

I shall remain grate full to you.”

2. The CPIO furnished a reply to the Appellant on 10.07.2024 stating as under:

“बदुसंया 1 – आपकेवारा मांगी गयी सूचना केसंबंध मयह अवगत कराया जाता हैक सरकार / वभाग का अ"धव#ता वारा द$ गयी कानू नी सलाह सूचना के अ"धकार अ"ध&नयम 2005 क' धारा 8 (1)(e) के तहत (कट$करण के दायरेसे बाहर है, अतः यह सूचना नह$ं,दया जा सकता है।”

3. Being dissatisfied, the Appellant filed a First Appeal dated 23.07.2024. The FAA vide its order dated 14.08.2024, held as under:

“WHEREAS, your online Appeal application no. CGDFA/A/E/24/00529 dated 23.07.2024 has been received in this office regarding your RTI application no. CGDFA/R/E/24/02373 dated 03.07.2024 seeking information under RTI Act-2005.

2. AND WHEREAS, in your appeal you have expressed dissatisfaction that CPIO vide his response संएवंप/2915/आरट$आई/Shri Tariq Hasan Siddiqui dated 10.07.2024 to your original RTI Request had rejected your request quoting section 8 1(e) of the RTI Act 2005.

3. AND WHEREAS, in your appeal you have put forth arguments [points (a) to (f) of your appeal] in support of your appeal and have informed that your pending SLP (C) 15724/2021 in the Apex Court is in larger public interest.

4. AND WHEREAS, it is pertinent to mention here that Assistant Solicitor General was defending the WP 15862 (S/S) of 2021 in the Hon'ble High Court of Allahabad, Lucknow Bench, Lucknow on behalf of the Department and Department sought his considered legal opinion for further course of action on the final order dated 27.07.2021 of the Hon'ble High Court, Allahabad, Lucknow Bench.

5. AND WHEREAS it is also important to note that you were the only petitioner in the WP 15862 (S/S) of 2021 and you are also the only petitioner in the present SLP (C) 15724/2021 which is pending before the Hon'ble Supreme Court for which you have sought the information in your original RTI and concurrent Appeal.

6. AND WHEREAS taking into consideration the above mentioned points it is clear that the matter is sub-judiced and your above SLP is neither in the larger public interest nor it is a Public Interest Litigation, therefore the information sought by you cannot be provided and the content of the reply to your original RTI is reiterated.

AND THEREORE, your first appeal is disposed off.”

4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.

5. A written submission dated 21.10.2025 has been received from Shri Karan Singh, IDAS,