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Goa Governer Takes His Battle Against RTI ACT To The Supreme Court.

4 December 2011 No Comment

Here is another shocker for the RTI Act, The Goa Raj Bhavan has filed a Special Leave Petition before the Supreme Court of India challenging the judgment of the Bombay High Court at Goa which had ruled that the Goa Governor was a Public Authority and came within the ambit of the RTI Act.

 

The Special Leave Petition filed by the Special Secretary to Goa Governor Dr. N.Radhakrishnan is scheduled to be heard by the Supreme Court on December 12th. The Goa Governor will be represented by Additional Solicitor General of India Mr. Vivek Tankha who had earlier unsuccessfully argued on behalf of the Goa Governor before the Bombay High Court at Goa.

Adv. Aires Rodrigues who has been battling the RTI case against the Goa Governor over the last one year is expected to strongly oppose the Goa Governor’s petition before the Supreme Court.

 

Ther State Chief Information Commissioner Mr. Motilal Keny on 31st 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.

 

This was upheld by a Division Bench of the Bombay High Court at Goa which by a landmark 58 page judgment pronounced on 14th November clearly ruled that the Governor of Goa was a Public Authority and was bound to furnish information sought under the RTI Act.

 

Meanwhile Justice F.M Reis of the Bombay High Court at Goa yesterday adjourned to December 15th the Contempt of Court petition filed by Adv. Aires Rodrigues 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.

 

In a legal notice earlier served on Goa Raj Bhavan Adv. Aires Rodrigues had demanded 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 had 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 had 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.

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

 

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