RTI commission declares BASL subject to RTI Act

Saturday, 2 September 2023 01:25 - - {{hitsCtrl.values.hits}}

The Right to Information Commission of Sri Lanka taking up a petition filed by a citizen ruled on Tuesday that the Bar Association of Sri Lanka (BASL) is considered a Public Authority and is therefore governed by the Right to Information Act No. 12 of 2016.

The BASL had denied the appellant’s information request on 29 March, 2021, regarding complaints and petitions received by the association against Attorneys at law, citing Section 43 of the RTI Act, asserting that the BASL is not subject to the provisions of the act. However, the appellant had lodged an appeal with the BASL on 5 May, 2021 to which the BASL had failed to respond within the time period stipulated in the act leading the appellant to submit an appeal to the commission on 9 July, 2021.

In his submission, the appellant maintained that the BASL is a body established under the Administration of Justice Law No. 44 of 1973, and is therefore a Public Authority within the scope of S. 43(b) of the RTI Act. He also noted that at least for a portion of the work of the BASL either directly or indirectly providing a public service, by being in partnership with the government or its agencies and the information requested fall within the scope of the activities covered by the component of public service rendered by the association.

In response, the BASL denied it was incorporated or established under a statutory provision or government body and Administration of Justice Law No. 44 of 1973 makes no reference to the BASL. It also asserted that the BASL functions as a body that acts in the interests of a niche group of professionals and that those functions cannot be construed to mean that the BASL performs a public function.

The RTI Commission delivering its ruling said the BASL qualifies as a Public Authority in terms of the general definition of a non-governmental organisation as detailed in Section 43 read with Section 43 (i) of the act and the information requested falls within the information that qualifies to be released. The Commission thus ordered the BASL to release the information requested by the appellant before 27 September.

“If the respondent fails to comply with the said decision of the Commission before the said date, the Information Officer and the Public Authority shall be prosecuted before the relevant Magistrate’s Court under Section 39 of the Right to Information Act No.12 of 2016,” it added.