CJI's advice on Nirmal Yadav's transferred confidential: Law Min

Any information about Justice Nirmal Yadav, the controversial Judge whose name cropped up in 'cash-at-judge's door' case, appears to be confidential and not to be made public.

Any information about Justice Nirmal Yadav, the controversial Judge whose name cropped up in 'cash-at-judge's door' case, appears to be confidential and not to be made public.

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A week after Supreme Court refused to disclose whether CBI sought permission of Chief Justice of India to prosecute Justice Yadav, the Law Ministry has now said it cannot make public the advice tendered by CJI over the transfer of the then Punjab and Haryana High Court Judge Nirmal Yadav to Uttarakhand High Court.

The Ministry said the recommendation of Chief Justice of India K G Balakrishnan to Law Minister Veerappa Moily on the issue is "in the nature of advice tendered by the Cabinet" which is exempted from disclosure under the RTI Act.

"As regards recommendation given by the Chief Justice of India regarding transfer of Ms Justice Nirmal Yadav, it is stated that such recommendation is in the nature of advice tendered by the Cabinet and is exempted under Section 8 (1)(i) of the RTI Act, 2005," S K Srivastava, Deputy Secretary in Law Ministry said in his reply to an RTI application.

Section 8(1)(i) of the RTI Act cited by Law Ministry exempts "disclosure of cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers" provided "the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete."

However, if the matter comes under the other exemption clauses listed under the Act it will continue to remain exempted.

The Ministry said disclosure of the information would also violate the "fiduciary relationship" which is also exempted from disclosure under the RTI Act.