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By an application of 23.12.08 Shri Pavan Sachdeva of Ekta Enclave, New Delhi applied to the Director, CBI seeking the following information:

"I request your good self to provide me the certified copy of legal opinion provided by Ministry of law & Justice in regard to the case in RC 25(A)/95-Bom registered on 4.4.1995 against SEBI officials, the said opinion was obtained in 1998 on the reference regarding sanction for prosecution of Shri M. D. Patel and two other SEBI officials which was sent by Director, SEBI vide its letter dated 17.10.1997 and the said opinion was forwarded to the director, CBI."

To this, Shri Pavan Sachdeva received a response of 23.1.09 from CPIO Shri Praveen Sulanke, SP, CBI, ACB Mumbai informing him as follows:

"It is informed that the certified copy of legal opinion provided by the Ministry of Law & Justice as requested by you is not available in the branch office."

Shri Sachdeva has then moved an appeal before Ms. Sonali Mishra, DIG CBI ACB Mumbai on 3.2.09 pleading as follows:

"Direct Director, CBI, CGO complex, Lodhi Road, New Delhi and Supdt. Of Police, CBI, ACB, Mumbai to provide certified copy of the requisitioned document-legal opinion provided by the Ministry of Law & Justice to case no. RC 25 (A) (A)/95-Bom registered on 4.4.1995 against SEBI officials to the appellant/ applicant as requested in his application dated 23.12.2008 under RTI Act, 2005."
Legal opinion is therefore, always opinion provided by a lawyer to a client in fiduciary capacity. In the present case, moreover the plea of respondent is that there is no legal opinion on record, a fact which appears to be confirmed by the Ministry of Law & Justice through its failure to respond to the request of CBI. Even if it were so available, it is still to be refused u/s 8(1) (e) unless appellant Shri Pavan Sachdeva is able to show that the larger public interest warrants disclosure of such information, which in this case he has not attempted. The appeal is, therefore, dismissed.