 "Dealing with poorly drafted laws")
The Central Information Commission (CIC) has pulled up Bar Council of India (BCI) for not following mandatory proactive disclosure clause of the Right to Information (RTI) Act in connection with information related to inspection of law colleges of India.
"... It is noticed that the BCI has not satisfactorily complied with the section 4(1)(b) requirements. It is a major breach of RTI by prestigious organisation called BCI," said CIC.
"It is also surprising that they are repeatedly taking a plea that, though they have such information in computer, they have not posted it on website. They have already exhausted 10 years of time in fulfilling this obligation," Information Commissioner Sridhar Acharyulu said.
The case relates to a woman named K R Chitra who sought to know information relating to inspection of all law colleges, universities and institutions and other meetings by the members of the BCI during the period from April 1, 2010, to 2015.
She wanted the names of members of BCI, names of all law colleges and Universities and institutions inspected by each member along with date of inspection.
BCI submitted that there are thousands of colleges and other institutions, inspection details about which is impossible to be given unless the appellant focuses on a specific institution or period which she refused.
"Commission directs the public authority to furnish annual report in compliance with 4(1)(b), as required under section 19(8)(a)(vi) and directs the PIO to show cause why maximum penalty should not be imposed for this breach of RTI," Acharyulu said in the order.
In a stern warning, he said, "Commission directs the Chairman, BCI to file an affidavit explaining when they would be complying with 4(1)(b) on their official website. All the responses should reach the commission by May 9, 2016."
"If not, commission will be compelled to initiate appropriate action against the chairman, BCI for noncompliance of section 4(1)(b), which was sought under section 3 by the appellant in this case as that amounts to denial of information attracting the penalties," said the commission.
Section 4(1)(b) states that every public authority shall maintain 17 specified categories of updated information about the working of the organisation which should be posted on its web site as well as in public domain through other methods.
