Table of Contents
Appearance of Advocate /Non Advocate in the hearing
In one line. Any person, including a person who is not an Advocate, may appear on behalf of an applicant or a Public Information Officer before an Information Commission, provided the Commission has authorised the appearance. The representative may charge a consideration.
What that means in practice.
- An applicant is not required to engage an Advocate to appear before the Commission.
- A non-Advocate representative must obtain the Commission's authorisation; a formal Vakalatnama is not required, but a written authorisation is ordinarily expected.
- A Public Information Officer may also be represented by an Advocate or a departmental officer.
- The decision is of the Punjab State Information Commission, Full Bench. It has persuasive value before the Central Information Commission and other State Commissions.
In an order of the Full Bench Punjab State Information Commission (SIC) where is has deliberated and decided on the following issues:
- Whether a person not registered as an Advocate can appear on behalf of an information-seeker before the Commission.
- Whether a person not registered as an Advocate and not holding a pleader’s license can appear on behalf of an information-seeker in the Commission and plead on his behalf in the proceedings under Sections 18 and 19 of the Right to Information Act, 2005.
- Whether such a non-Advocate can appear after charging certain consideration from the concerned information seeker.
- Whether there should be a specific format of Vakalatnama/authorization which must be submitted by non-Advocate representing an information-seeker before the Commission.
- Whether a formal Order needs to be passed by the Commission in each case permitting such non-Advocate to represent an information-seeker, before such individual can be allowed to appear or plead on behalf of the information seeker.
Decision of the Commission
- Any person (even non advocate) can appear on behalf of information seeker
- Appearance has to be authorised by the Commission
- Person appearing can charge consideration for his/her appearance
- PIO can be represented by Advocate
- Any party can be represented by an Advocate
The Decisions is available here: Download Decision