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

Yes, I agree with Mr. Sarabjit that if the applicant/complainant objects, the Advocates should not be allowed to plead.  This is must in the interest of justice.  However, if the Applicant is assisted by an advocate, the CPIO is also entitled for the same.  This means that he can also object to the advocate assiting the Applicant is the CPIO is without such help.  I, therefore, in my reply said that advocate can appear as Authorised Representative (without the legal costume and should not disclose that he is a legal practiotioner). It is a different matter the he (like Mr. Prashant Bhushan or other leading advocate) is identitified by the Information Commissioner but in such a situation the IC cannot object to this.  I presume that the advocates are appearing before the Commission on the aforesaid stipulation barring few exceptions.

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From: Sarbajit Roy <sroy.mb@gmail.com>
To: humjanenge@googlegroups.com
Sent: Tue, 7 December, 2010 5:08:38 PM
Subject: Re: [HumJanenge] Presence of Advocate Before FAA or CIC - whether permissible

It is clear as crystal that anyone (even an advocate) can "assist" the
appellant at any stage of the appeal proceedings. But does assistance
extend to pleading the case for the appellant. In such a situation how
does a CPIO who is not legally qualified be provided natural justice ?
Similarly ditto for an appellant (without counsel) who is facing a
CPIO who is being assisted by an advocate. How about a CIC bench which
finds advocates before them (who have accompanied one of the parties)
and starts openly soliciting their legal advice / opinion in the guise
of assisting the Commission?

IMHO, the working rule here is that an advocate is an officer of the
Court governed by the Advocates Act, they should not start practising
before tribunals where they are explicitly barred from "representing"
appellants. The CIC should not allow them to speak if the other
parties object. I seem to recall a HC decision (Kerala / Madras ?)
which we discussed on one of these RTI groups a month back which also
touched on the question of whether advocates are absolutely barred
from appearing in lower fora, and which allowed it in certain
circumstances.

Sarbajit

On 12/7/10, sandeep kumar <drsandgupta@gmail.com> wrote:
> Please try to understand the lines. it means that the person can be
> assisted by a person even if the assisting person is not a lawyer. it
> does not mean that the assisting person has not to be a lawyer.
>
> On 12/6/10, PMK1504 <humjanenge.owner@gmail.com> wrote:
>> 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
>>>
>>
>
>
> --
> Dr. Sandeep Kumar Gupta
> 989, Sector 15-A, Opposite bishnoi Colony, Hisar-125001, INDIA
> Phone: 91-99929-31181
>