New Delhi, March 28
A week after Supreme Court refused to disclose whether CBI had sought permission of the Chief Justice of India to prosecute Justice Nirmal Yadav in the infamous cash-at-judge’s door, 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 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," SK Srivastava, deputy secretary in the 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.

Earlier, the Supreme Court had also refused to disclose any information related to the controversial case.