Such cases should come to CIC, says registrar; activists decry his ruling.
In what might make the seeking of information from the Bar Council of Maharashtra and Goa (BCMG) more difficult, the registrar at the Central Information Commission (CIC) has said that since all bar councils came into effect through a central legislation, applications seeking information from any bar council should be sent to the CIC in New Delhi.
Talking to DNA from New Delhi, LC Singhi, the CIC registrar said, “Ideally, the second appeal to a bar council in the country should be sent to the CIC since the bar councils exist under a central legislation. However, the law is open to interpretation and it is up to the state to give a decision.” The first appeal is to the local appellate authority and the second appeal can go either to the state information commissioner (SIC) or the CIC.
Singhi was reacting to a clarification sought by Rajan Alimchandni, who was not satisfied with the information he had received from the BCMG and the local appellate. He filed his second appeal to the SIC, Ramanand Tiwari, who claimed the BCMG is beyond the RTI Act’s purview.
But while Singhi said that bar councils do come under the RTI Act, he told Alimchandani to file an appeal to the CIC. Though Singhi said that the SIC too can decide on the case, state information commissioner Dr Suresh Joshi is not so sure.
“There are a few matters pertaining to the bar council and I am yet to decide on them. There are contradictory views on whether it comes under our purview or not. I will decide in a week’s time.”
Alimchandani said the ruling was absurd. “When the SIC hears all the matters of the state government, why should an appeal against the BCMG go to the CIC?”
RTI activist GR Vora backs Alimchandani. “When second appeals on matters relating to the Bombay High Court go to the SIC, why make an exception for the bar council?” asked Vora.
Another activist, Krishnaraj Rao, said the CIC’s interpretation will make the process more cumbersome. “It flies against the spirit as it will lead to delays. The RTI is all about timely information. Why should people from all over the country send appeals to Delhi?” he asked.
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