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Central Information Commission

Pritam Bhattacharya vs Bar Council Of India on 4 January, 2023

Author: Saroj Punhani

Bench: Saroj Punhani

                                के   ीय सूचना आयोग
                         Central Information Commission
                             बाबागंगनाथमाग , मुिनरका
                          Baba Gangnath Marg, Munirka
                          नई द ली, New Delhi - 110067

File No : CIC/BCOIN/C/2021/141516

Pritam Bhattacharya                                  ....िशकायतकता  /Complainant

                                        VERSUS
                                         बनाम
CPIO,
Bar Council of India, RTI
Cell, 21, Rouse Avenue
Institutional Area, Near Bal
Bhawan, New Delhi-110002.                               .... ितवादीगण /Respondent

Date of Hearing                     :   03/01/2023
Date of Decision                    :   03/01/2023

INFORMATION COMMISSIONER :              Saroj Punhani

Relevant facts emerging from complaint:

RTI application filed on            :   03/08/2021
CPIO replied on                     :   Not on record
First appeal filed on               :   Not on record
First Appellate Authority's order   :   Not on record
2nd Appeal/Complaint dated          :   14/09/2021

Information sought

:

The Complainant filed an RTI application dated 03.08.2021 seeking the following information:
"Being victim of the brutal judicial terrorism & rebbories, complaint dated 17/6/21 submitted before the hon'ble Bar Council of India with self explanatory documents, unfortunately till today neither compensation of Rs. 10 crores paid before this victim nor permanent cancelation of the registration with 1 imprisonment of the advocate Shri Alokesh Pal and Md. Mahatab are in force. Toward justice against judicial terrorism & robberies following documents urgently required-
a. Detail of the punishment and penalty of the advocate Shri Alokesh pal and Md. Mahatab of Murshidabad on misuse of the u/s 498A/34 of the IPC, 1/94/125/161 of the Cr. PC, the Domestic Violence Act. And the Hindu Marriage Act. b. Detail of the compensation for victim on stated misuses as my rights of life with dignity granted by the constitution.
c. Action Taken Report from hon'ble Bar Council of India on my prayers as sought through complaint dated 17/6/21 against petticoat/bribe tie up judicial terrorism & robberies of adv, Shri Alokesh Pal & Md, Mahatab of Murshidabad.
d. Action taken report from Hon'ble Secretary, bar Council of India to cancel Bar Council Registration of the Advocate Shri Alokesh Pal & Md. Mahatab of Murshidabad permanently of larger public interest to stop misuse of the u/s 498A/34 of the IPC, 1/94/125/161 of the Cr. PC, the Domestic Violence Act and the Hindu Marriage Act.
e. Action Taken Report from the hon'ble Bar council of India to restore my rights of life with dignity, healthy liberties, properties and social security granted by the constitution of India and the Universal Declaration of Human Right whereas same malafidely bulldozed by the Advocate, Shri Alokesh Pal and Md Mahatab through bribe tie up khaki uniformed, judicial terrorism & robberies under misuse 498A/34 of the IPC, 1/94/125/161 of the Cr. PC, the Domestic violence Act & Hindu Marriage Act to upgrade their 38+ pet call girl Smt. Amrita Sanyal, w/o Marinal Bag.
f. Action Taken Report from Hon'ble Bar Council of India to pay me Rs. 10 crores compensation against bulldozed state of my rights (granted by the Constitution & Universal Declaration of Human Rights) by stated advocates through misuse of the u/s 498A/34 of the IPC, 1/94/125/161 of the Cr. PC, the DV Act and the Hindu Marriage Act.
g. Action taken report from hon'ble Secretary, Bar Council of India to shift Advocate Shri Alokesh Pal & Md. Mahatab of Murshidabad in jail on account of their unfair trade practice duly bulldozed my rights of life with dignity, properties.
2
h. Action taken report from hon'ble Bar Council of India to shift 38+ pet call girl of your advocate Shri Alokesh pal and Md. Mahatab of Murshidabad named Smt. Amrita Sanyal (wife of vagabond Shri Mrinal Bag, malafidely presented as my wife) and her supporting team in jail in continuation attachment and auction of their properties to pay me Rs. 10 crores compensation against my losses under petticoat/bribe tie up judicial terrorism and robberies.

i. Voter, Ration and Aadhar card of the 38+ call girl Smt. Amrita Sanyal (wife of vagabond Shri Marinal Bag) appended with my residential address & name as her husband along with her medical papers & seizer list in support of allegation/cases u/s 498A of the IPC, 1/94/125/161 of the Cr. PC, the Domestic Violence Act & Hindu Marriage Act."

Having not received any response from the CPIO, the complainant approached the Commission with the instant complaint.

Relevant Facts emerging during Hearing:

The following were present:-
Complainant: Present through video conference.
Respondent: Ashok Kumar Pandey, Joint Secretary & CPIO present through intra- video conference.
The Complainant did not press for any action in the matter and stated that the Commission may decide the case on merits.
The CPIO relied upon his written submissions filed prior to the hearing stating as under:
"...In his RTI, he had sought action taken report on his representation dated 17.6.2021. The appellant herein in the representation levelled self-explanatory allegations against the two Advocates namely Shri Alokesh Pal, Shri Mohd.

Mehtab, Bar Association, Behrampore. It is submitted that the no such RTI application dated 3.8.2021 has been received by this office, hence no reply was furnished to the applicant in response to his RTI.

4. It is to submit that the main allegation against the aforesaid Advocates, who seems to be enrolled with the Bar Council of West Bengal and as per Section 35 of the Advocates Act, 1961, it is the State Bar Council, who can take action against the Advocates enrolled on their roll on the professional or other 3 misconduct on the part of Advocate. Hence, copy of the RTI application along with the representation is being transferred to the CPIO, Bar Council of West Bengal under Section 6(3) of the Advocates Act, 1961 for taking necessary action.

5. It is humbly submitted that the appellant herein has also filed two RTIs dated 14.2.2022 and 24.2.2022 on the same subject matter against the afore- named Advocates and other Advocates and CPIO of DC, Department had forwarded the aforesaid RTIs to the CPIO, Bar Council of West Bengal vide its letter No. BCI:D/182/2022(DC/RTI/149/150/2022) dated 20.4.2022 under Section 6(3) of the RTI Act, 2005 as the subject matter of both the RTIs were related to Bar Council of West Bengal.

6. In view of the above, it is humbly prayed that appeal/complaint filed by the appellant does not survive against the CPIO of the Bar Council of India. Hence; the same may please be dismissed."

Decision The Commission based on the submissions of the CPIO as well as the statement of the Complainant during the hearing finds no scope of action in the matter.

The Complaint is disposed of accordingly.

Saroj Punhani (सरोज पुनहािन) हािन) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 4