Re: [HumJanenge] Presence of Advocate Before FAA or CIC - whether permissible

Friends, Here the question is not of eligibility to be represented by an Advocate or not, the question appears to be whether an advocate can represent a client before the public information Commissioner.  Any ordinary person can ofcourse represent an rti aplicant either with the written power of representation or  represent a rti applicant personally present with an oral power granted before the PIO.   In the case of an Advocate registered under the Advocates Act, he has check what are the covenants he has made and subscribed as true to the best of his knowledge or whatever agrements he has signed while enlisting and continuing as an Advocate matters more.  If there is no bar on representing an rti applicant, under the Advocates Act or the Oath he has subscribed dos not debar, he certainly can do so.  Regards, dwarakanathdm bangalore 

On Tue, Dec 7, 2010 at 3:07 AM, Ashok Kumar <imaka@in.com> wrote:

Sir,

Rule 7(4) is reproduced below :-

7(4) The appellant or the complainant, as the case may be, may seek the assistance of any person in the process of the appeal while presenting his points and the person representing him may not be a legal practitioner.

It is clear from the above that the appellant or complainant may be assisted by any person, even if he is not a legal practitioner.

Further, if one goes through CIC decisions at random from their website, one would find a number of lawyers have assisted citizens. e.g Mr Prashant Bhushan has assisted a number of people in the CIC. Everyone knows he is a reputed Senior Advocate. A number of Public Authorities are also assisted/represented by lawyers.

AK Anand

---------- Original message ----------
From:"PMK1504"< humjane nge.owner@gmail.com >
Date: 6 Dec 10 18:19:46
Subject: Re: [HumJanenge] Presence of Advocate Before FAA or CIC - whether permissible

To: humjanenge@googlegroups.com

Sir

Are you aware of Rules 7(2) and 7(4) of the RTI Central Information
Commission Appeal Procedure Rules, 2005 which explicitly bars legal
practitioners from representing the appellant ?

PMK

On 12/6/10, sandeep kumar <drsandgupta@gmail.com> wrote:
> yes, u can do it. there is no bar on advocate accompanying appellant.
> regards
>
> On 12/4/10, Rakesh Chitkara <rakesh.chitkara@yahoo.com> wrote:
>> Whether the applicant can be accompanied by an Advocate before the First
>> Appellate Authority or the CIC ?
>> Can I please be guided on this point ?
>>
>> Kind Regards,
>> Rakesh Chitkara, AdvocateDelhi High Court9891678009
>>
>>
>
>
> --
> Dr . Sandeep Kumar Gupta
> 989, Sector 15-A, Opposite bishnoi Colony, Hisar-125001, INDIA
> Phone: 91-99929-31181
>

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