State bar council comes under RTIViju B, TNN 7 September 2009, 12:46am IST
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MUMBAI: State chief information commissioner Suresh Joshi and the Central
Information Commission (CIC) recently directed that the Bar Council of
Maharashtra and Goa do come under the Right to Information (RTI) Act. The
directives put state information commissioner Ramanand Tiwari in the spotlight
for the wrong reason, because he had earlier led to the contrary.
Worli resident Rajan Alimchandani had filed an RTI query two years ago, asking
the bar council about provisions under which he could take permission from the
appropriate court to take penal action against an advocate before the council.
The officials representing the bar council as the public information officer
(PIO) and the appellate authority, rejected the query, stating that the bar
council did not come under the purview of the RTI Act.
Alimchandani then filed an appeal and Tiwari in his order said the bar council
did not fit the definition of a public authority. "It is not a body or an
institution of self-government established by law. It is also not financed by
the government. It is true that it has been established by law, but any
organisation or body which claims to be doing anything legitimate has to be
registered under some law,'' Tiwari said.
He quoted a Karnataka high court order, which held that co-operative societies
are not public authorities though they are constituted by law. "I conclude that
the bar council is not a public authority, therefore the appeal is dismissed,''
Tiwari said in his order.
Alimchandani had also approached the state information commission. State chief
information commissioner Suresh Joshi, who was hearing a clutch of appeals,
including Alimchandani's, against the PIO said that the RTI Act covers a public
authority constituted by any law or notification issued by the government.
"The bar council may not be getting any financial assistance. But it is
constituted by law made by Parliament and that is sufficient to bring it within
the ambit of public authority. The Bar Council of India, which is the apex
body, is responding to the RTI applications and there is no reason why the Bar
Council of Maharashtra and Goa should not follow them,'' Joshi said.
Joshi also added that the bar council should appoint a PIO and appellate
officer and decide all RTI applications according to the provisions of the Act.
Alimchandani had also written to the President and Prime Minister's Office on
the issue. The queries were directed to the CIC, which also replied that the
bar council comes under the purview of the RTI Act. According to the CIC, at a
convention held last year, the commission had clarified the issue. The CIC said
that both Joshi and Tiwari were present at the convention in Delhi.
Meanwhile, Alimchandani has written to the governor asking for action against
Tiwari for passing a wrong order. Incidentally, Tiwari is no stranger to RTI
controversy. Earlier this year, he overruled Joshi's order and rejected an
appeal, seeking details pertaining to deputy registrars of all municipal wards
in the city. Tiwari passed the order just two weeks after Joshi passed his
order.
Anand S.
Anti Corruption Form
Bangalore 560 085
Cell No: +91-92410-12730
or +91-98450-39699
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