This article is written by Team LawSikho. This article discusses the use of RTI by lawyers and Consultants.

Introduction

Right to Information can be used by lawyers for obtaining important documents from the government such as copies of orders, contracts, letter, etc. which can help them have a record of documents, communications and in building a strong case. Documents obtained through RTI can be used in evidence. In the past, lack of evidentiary proof of a particular fact or decision hindered effective administration, with cases being decided in favor of the government and against citizens for this reason. Chartered Accountants, Company Secretaries, and other business consultants can use knowledge of RTI to provide valuable services to clients.

How a law student used the RTI Act in the context of gambling industry against the Maharashtra government

Lawyers have been successful in accessing official documents which were crucial for protecting the rights of litigants and furthering public causes such as environmental protection and criminal justice, or even commercial interest of their clients.

Recently, an interesting PIL was filed before the Bombay High Court by Jay Sayta, a final year law student of NUJS Kolkata who was running a leading industry blog (Glaws) on laws surrounding the gambling industry. The PIL requested that the Maharashtra government freshly re-evaluate the situation and consider passing a law for regulation and taxation of casinos, which had already been enacted in 1976 but wasn’t notified by the state’s executive wing.

Jay, a gambling law enthusiast, had discovered this in the course of his research on the subject. However, he found no information was publicly available on what had happened to the statute or why it had not been notified. Latest official communications were not available. If implemented, this law could have changed the direction of the gambling industry in India. He used the RTI Act to inspect official documents, find out about the statement of objects and reasons, legislative procedure, legislative decision, and all correspondence exchanged between the legislative departments and Governor with respect to implementation and enforcement of the law. He used this information subsequently to file public interest litigation against the Maharashtra government. Notification would be in the interest of the gambling industry lobby and would give rise to an additional source of tax revenues for the government. It would also open up a new area of work for lawyers.

Use of RTI for Tenders

How can RTI be used to get information about government tenders and allocation of government largesse? In one case, National Mineral Development Corporation (NMDC) wanted to challenge grant of a mining license to Tata Iron and Steel Company (TISL) and not itself, by the State Government. What did it do? NMDC needed at least a copy of the order to figure out a strategy to challenge it. Since the license/government order was issued to TISL, a copy was not available with it. NMDC filed an RTI with the Ministry of Mines and got a copy of it – through the copy, it was able to demonstrate that the government’s approval letter had several defects before the Delhi High Court and was hence invalid.