New Delhi: The Central Information Commission
on Monday directed the Telecom Ministry to make public advice
tendered by the then Solicitor General Goolam E Vahanvati to A
Raja, who was the Telecom Minister, on 2G spectrum issues in
The information sought by SC Agrawal under the
transparency law was refused by the Department of Legal
Affairs citing exemption clause of "fiduciary relationship"
under the Right to Information Act.
During the hearing, the department cited a previous order
and claimed that since the information was given to Telecom
Department, they will be in the best position to disclose the
advise given by Vahanvati.
Agreeing with the view, Information Commissioner Sushma
Singh directed the Law Ministry to transfer the application to
Telecom Department and also directed the latter to make public
the advice once the application is received by them.
Raja had allegedly cited the discussion with Vahanvati to
press his point before the Prime Minister to go ahead with
spectrum allocation as against the advice of the Prime
Minister asking him to wait for some days before taking any
action on the issue.
Raja, on December 26, 2007, had written to the Prime
Minister saying, "I have already consulted the External
Affairs Minister Pranab Mukherjee and Solicitor General of
India GE Vahanvati and they have advised me that as a
pre-emptive and proactive measure, I can go ahead with the
allocation of 2G spectrum space immediately."
Raja, who has been arrested by the CBI in connection
with the 2G spectrum scam, had written the letter in response
to Prime Minister`s communique to him asking him to wait for
some days before taking any action on spectrum allocation.