A Delhi High Court judge today recused himself from hearing a plea seeking to declare the Attroney General's office a public authority under the RTI Act as the appointment of the highest law officer is according to the Constitution.
Without citing any reason, Justice V K Jain said "let the matter be transferred to another bench" and posted the matter for August 22.
Delhi-based RTI activist Subhash Chandra Aggarwal had moved the high court in appeal against a decision of the Central Information Commission (CIC) holding that the office of AG is not amenable to the RTI Act.
On April 4, Justice G S Sistani had issued notice to the office of the Attorney General seeking a reply to the appeal.
In his plea, Aggarwal has said any attempt to keep the office of AG out of the RTI Act would defeat the fundamental right of citizens to get information about a public authority.
Aggarwal's counsel Prashant Bhushan had earlier argued the issue as to whether the office of AG falls under the RTI or not is "different from the issue as to what information may or may not be given under the RTI".
The Attorney General had opposed the plea on various grounds including that the advice rendered by him to the state and its authorities is protected under the law.
The ASG had also said the AG has a "fiduciary" (a relation of trust) with the government and moreover "there is no establishment attached with the office of the AG".
