The full bench of the Punjab State Information Commission on Monday ruled that the legal opinion given by a government law officer to the police cannot be exempted from disclosure under the RTI Act by calling it “assistance” given in confidence for law enforcement.
“What would be the consequences if it is accepted that a police or a legal officer while rendering his assigned duty is merely assisting, in confidence, for law enforcement or security purposes? It would virtually result in placing the entire police force, including the law officers attached with it, out of the purview of the RTI Act because every decision or step taken by police officers could be construed as ‘assistance’ for law enforcement,” the bench said.
The bench gave the ruling while hearing the case of Gurbir Singh, son of former Punjab Chief Minister Justice Gurnam Singh. He had sought copies of all legal opinions given by Amarjot Sidhu, Joint Director, Prosecution and Litigation, Ludhiana, to SSPs of Ludhiana (Urban), Ludhiana (Rural) and Khanna and Ludhiana Range DIG.
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