HC notice to BCI on right to information Act

TNN, Sep 24, 2010

PATNA: A division bench of the Patna high court comprising Chief Justice Rekha Manharlal Doshit and Justice Jyoti Saran on Thursday issued a notice to the Bar Council of India (BCI) to file a counter affidavit to a writ petition of one Nonu Singh, who has challenged the validity of a resolution of the BCI that the BCI and the State Bar Councils are not a public authority under the provisions of the Right To Information (RTI) Act to give information under this Act.

The case will be heard next on December 19, 2010. Petitioner's counsel Dinu Kumar submitted that Nonu Singh had sought information under the RTI Act on the movement of a file relating to the professional conduct of the advocate general and other lawyers, which had been rejected by the BCI.

Directive: The same bench on Thursday directed the central and the state governments to file a counter affidavit to a PIL seeking a check on people illegally manufacturing cigarettes, bidis, gutkha, khaini and other tobacco products in violation of the Cigarettes and Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.

The order was passed on the PIL of one Sunil Prasad of Gaya district, who had submitted that illegal manufacture of tobacco products continued unabated in the entire state in violation of the aforesaid Act. Petitioner's counsel M P Gupta submitted that pursuant to the enactment of this Act, the government of India had on May 31, 2009, framed rules for checking illegal manufacture of tobacco products but despite this, the state government and the central government did not take any action. The central government counsel submitted that the implementation of the law and rules in this regard come under the state subject.

State government pleader Arvind Kumar submitted that the state would submit steps taken in this regard. The court fixed December 9, 2010, as the next date of the case.

Rejected: The Patna high court on Thursday rejected the petition of JD(U) MP Rajiv Ranjan Singh alias Lalan Singh, who had objected to an election petition filed by Ram Badan Rai, challenging his election from the Munger parliamentary constituency in 2009 LS polls.

A single bench presided by Justice V N Sinha rejected Lalan Singh's plea on submission of Ram Badan Rai's counsel about the legal provision that once an election petition is filed, the opposite party has to contest the case.