From,

Praveen Kumar, Advocate, Progressive Advocates Association, Patna High Court.

To,

The Hon’ble Chairman, Special Committee, Bihar State Bar Council & Hon’ble Advocate General of Bihar, Patna High Court.

Sub:- Regarding proving utmost transparency and most appropriate manner and in accordance with law in conducting the business of State Council.

Ref:- Item No.16 dated 14/01/09, I.D. No.4 dated 26/02/09 and order dated 14/15.01.09 issued vide reference No.23/09.

Sir,

          With great respect I as a humble student of law wants to draw kind attention of Hon’ble Chairman who is also a Constitutional Authority that vide above referred resolution dated 14/01/09 the Hon’ble Committee has claimed “the committee has been conducting the business of the Bihar State Bar Council with utmost transparency and inmost appropriate manner in accordance with law.” In this connection I am humbly bringing some instances / examples establishing adverse to the aforesaid declaration made by Constitutional & Statutory Authority which are as follows:-

i)             The order dated 14/01/09 was passed without looking and considering the relevant provisions of right to information Act

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& Rules and contrary to the same threat was given in 2^nd paragraph of its last page as appellate authority. Therefore, I humbly disagree with the claimed declaration of transparency and in accordance with law.

ii)            The application seeking information under R.T.I. Act vides I.D. No.4 dated 26/02/09 is still pending with the office of the Special Committee Bihar State Bar Council even after laps of 35 days. If this is an example of transparency / in accordance with law / most appropriate manner then I have nothing to say.

iii)          The Hon’ble Special Committee completely failed to perform duty in accordance with Sec- 8 (a) iii of the Advocates Act as there is no election even after laps of more than a year. The Act provides 6 months time to complete the process but it could not be completed even after extension of 6 months granted by Hon’ble Bar Council of India.

There are so many examples / evidences available to me and in the Council also for which I may be permitted to prove the fact to establish the factum of transparency as claimed by Hon’ble Chairman.

Therefore, it is humbly prayed to consider the points raised in this representation and an appropriate order / orders may be passed for establishing rule of law in Bihar State Bar Council. For which I shall be highly obliged.

With best regards.

                                                          Praveen Kumar, Advocate

                                                         Patna High Court.

                                                          02/04/09.