Bihar Bar Council not a "public authority?"

Bar & Bench News Network

Aug 15, 2009

The Secretary of the Bihar Council has issued a letter stating that "as per the decision of the Bar Council of India, Bar Councils are not public authorities within the meaning of Section 2 (h) of the Right to Information Act."

Advocate Praween Kumar of the Patna High Court had sent an RTI application to the Secretary of the Bihar Bar Council requesting information on the appointment of certain Bar Council Authorities. The Bar Council refunded the application fees and refused to give out the requested information, stating that it was not a public authority within the definition of the Act.

An appeal has been lodged with the State Information Commission. A copy of the letter sent by the Secretary may be found here.

 

 

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Comments(4)
  • 1. "I am not surprised by the Bihar Bar Council reply. What else can you expect from them?". Sharath, New Delhi
  • 2. "This way Rar Council shields information on convicted advocates on its roll. ". Hardeep Singh, Jalandhar
  • 3. "The question whether the State Bar Council is "public authority" under the meaning of Section 2(h) of RTI or not should be decided by competant court. There is no scope of allegations when there is some thing to be interpreted as per law. ". Suraj Bisht, Pune
  • 4. "Mr. Sharath, it is a humble request that this platform meant for healthy discussions not be used as a medium for launching biased and scathing remarks unsupported by any logic. Kindly read the piece carefully, where the Bihar Bar Council has purely relied on the decision of the BAR COUNCIL OF INDIA. Suraj has rightly pointed out that the issue is one that has to be resolved or adjudged upon by a competent court. It is for the courts to decide whether bar councils would fall within the ambit of definition of a 'public authority'. ". Shikhar Srivastava, Delhi
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