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Activist and Advocate Aires Rodrigues Files Contempt Of Court Petition Against Goa Governer

30 November 2011 2 Comments

 

RTI Activist News Team spoke to Activist & Advocate Aires Rodrigues who has filed a Contempt of Court Petition before the Bombay High Court,against the Goa Governor for not furnishing information under the Right to Information Act despite the High Court verdict.

Aires who is out of Panjim currently said ” “Nobody is above the law, and it was in the Spirit of the “Right to Information Act” that the Goa Governor Should have complied with the Act and furnished the details and by refusing to do so, is against the very law which came in to existence as RTI Act “. Rodrigues is confident that tomorrow the Court will issue notice to the Concerned on this issue.

A Contempt of Court petition has been filed today by Adv. Aires Rodrigues before the Bombay High Court at Goa against Dr. N. Radhakrishnan, Special Secretary to the Governor of Goa for not furnishing information under the Right to Information Act despite the High Court verdict. The petition will come up for hearing before Justice F.M Reis on Thursday 1st December.

In his contempt petition Adv. Aires Rodrigues has submitted that the Goa Raj Bhavan was bound to obey the law and disclose the information sought as the High Court by its judgment passed on Nov 14th had clearly held that the Goa Governor was a Public authority under the Right to Information Act.

Stating that Dr. N.Radhakrishnan, Special Secretary to the Governor had committed deliberate contempt of the High Court order by disobeying it and refusing to furnish the information sought,  Adv. Rodrigues has further submitted that the contempt was gross, contumacious and interferes with the due course of administration of justice.

Adv. Rodrigues has also submitted that as long as the judgment continues to operate the Goa Raj Bhavan could not shirk from furnishing information merely on the ground that the High Court judgment would be challenged before the Supreme Court.

The Bombay High Court at Goa by a landmark 58 page judgment pronounced on 14th November had clearly ruled that the Governor of Goa was a Public Authority coming within the ambit of the RTI Act.

 

Last week a legal notice was served on Goa Raj Bhavan by Adv. Aires Rodrigues demanding that all the information sought by him through his 15 applications under the RTI Act which are pending at Raj Bhavan be furnished to him within 7 days.

In one of the applications Adv. Aires Rodrigues has sought from Goa Raj Bhavan 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 has also sought copies of noting sheets and correspondence pertaining to the processing of his complaints against the Advocate General.

Interestingly despite every other Governor in the country and even the President of India complying with the RTI Act, the Goa Raj Bhavan over the last five years has chosen to avoid furnishing information under the RTI Act on the grounds that the Governor of Goa was not a Public Authority.

It may be recalled that 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 recently.

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 has refused to comply with the Act where he is holding additional charge as Governor

2 Comments »

  • ravibabu said:

    good and educative

  • haridas mandal said:

    We the RTI Activists across the length and breadth of this country wish a very positive outcome from the High Court of Law of the land.