Mumbai: In a bizarre case, an RTI activists appeal was turned down by none other than the state information commission on the pretext that the RTI Act does not cover the organisation the activist sought information from.

What left the applicant even more flummoxed was the fact that the Bar Council of Maharashtra and Goa (BCMG), the organisation in question, was of the opinion that the RTI Act was binding on them.

"I do not understand where to go and what to do. How can a commissioner who is supposed to uphold the spirit of the Act be so ignorant about it? What is he doing on that chair? He has not just denied the information, but set a very bad precedent," said Rajan Alimchandani, 63,who provides free consultancy on housing-related issues.

Alimchandani had asked for information from the BCMG in October last year. The reply was first delayed, and when given, was not complete. He then appealed to information commission.

After the hearing, the order signed by state information commissioner Ramanand Tiwari stated, "The Bar Council does not fit into the definition of public authority?. It is true it has been established by law but any organization or body which claims to be doing anything legitimate has to be registered under some or other law." The order further states, "I conclude that the Bar Council is not a public authority, therefore, the appeal is dismissed."

Contrary to this, the CIC, in a reply signed by its registrar LC Singhi, said, "During the course of discussions at the last convention, it was clarified that the Bar Councils are constituted under Central law and as such, the Central Information Commission has the jurisdiction to deal with all RTI matters concerning Bar Councils."
Source : Central