Secretary to Advocate General , Ernakulam v . State Information Commissioner AIR 2023 Kerala 72

Right to Information Act ,(22)of 2005 .

S. 8(1)(e): Exemption from disclosure -Legal advice given by Advocate General to State Government-Lawyer and client is fiduciary relationship – exempt from disclosure. [ Art. 165(2) ]

High Court held that the legal opinions given by the Advocate General to the Govt . are exempted under section 8(1)( e) of the Act . All communications between the lawyer and his client are to be protected because these communications are confidential. There may be delicate and sensitive issues, in which the Govt. wants the opinion of the Advocate General. Those are confidential communications between the Govt . and the Advocate General. The Advocate General’s legal advice to the Government should always be kept private. Accordingly, to S.8(1)( (e) of the Act , that is protected.  Relied  Kokanada B .Poondacha and Ors  v .K.D.Ganapath and Ors (2011) 12 SCC 600/ AIR 2011 SC 1353 , Himalyan Co -Op- Group Housing Society  v. Balwan Singh and Ors (2015) 7 SCC 373/ AIR 2015 SC 2867 .   (  (W.P.(C) No. 7240 of 2013 dt .30 -9 -2022)