GOA GOVERNOR LOOSES BATTLE AGAINST RTI ACT AS HIGH COURT RULES HE IS A PUBLIC AUTHORITY

GOA GOVERNOR LOOSES BATTLE AGAINST RTI ACT AS HIGH COURT RULES HE IS A PUBLIC AUTHORITY   

In a major embarrassment to the Goa Raj Bhavan the Bombay High Court at Goa today ruled that the Governor of Goa was a Public Authority and did come within the ambit of the Right to Information Act.

Pronouncing the much awaited judgment today the High Court held that the Governor enjoyed no immunity from the Right to Information Act and that the Public Information Officer at the Goa Raj Bhavan was duty bound to furnish information sought under the RTI Act.

A Division Bench of the Bombay High Court at Goa comprising of Justice D.G.Karnik and Justice F.M.Reis had in August this year reserved the judgment after hearing final arguments in the petition filed by Goa Raj Bhavan.  

The Governor of Goa had refused to furnish information sought by Adv. Aires Rodrigues under the RTI Act while claiming that he was not a “Public Authority”.

 

Adv. Aires Rodrigues had sought from Goa Raj Bhavan under the RTI Act details of the action taken by the Goa Governor on the complaints filed by him against the Advocate General of Goa Mr. Subodh Kantak.  Adv. Rodrigues had also sought copies of noting sheets and correspondence pertaining to the processing of his complaints against the Advocate General.

The Goa Raj Bhavan in its petition before the High Court had contended that the Governor not being a “Public Authority” does not come within the purview of the RTI Act. The Goa Raj Bhavan had also contended that the Goa State Information Commission had not been properly constituted and that the State Chief Information Commissioner could not have heard matters in the absence of another Information Commissioner.

The State Chief Information Commissioner Mr. Motilal Keny on 31^st March this year had ruled that the Goa Governor was a “Public Authority” and did come within the ambit of the Right to Information Act.

The High Court in its order today however held that the Goa State Information Commission has to be a multi-member body and could not function with just the Chief Information Commissioner.

The former Chief Justice of India J.S.Verma who is also a former Governor himself on a visit to Goa earlier this year had publicly opined that the Goa Governor was a Public Authority and did come within the ambit of the Right to Information Act. A similar view was also strongly expressed by noted RTI Activist Aruna Roy while in Goa last month.

Ironically the current Goa Governor Mr. K. Sankaranarayanan who is complying with the RTI Act as Governor of Maharashtra in Goa like his predecessor Dr. S.S.Sidhu had also refused to comply with the Act in Goa where he is holding additional charge as Governor.