RTI Activist » Blog Archive » Goa Governor RTI Case: Supreme Court Refuses To Stay Bombay HC Judgment
Home » Featured, RTI Act, RTI Activist, RTI News

Goa Governor RTI Case: Supreme Court Refuses To Stay Bombay HC Judgment

9 December 2011 No Comment

Goa Governor RTI Case:

Supreme Court Refuses To Stay Bombay HC Judgment

THREE JUDGE BENCH OF THE SUPREME COURT DECLINES GOA GOVERNOR’S PLEA TO STAY HIGH COURT JUDGEMENT IN RTI CASE

A three Judge Bench of the Supreme Court comprising of Justice Dalveer Bhandari, Justice T.S.Thakur and Justice Dipak Mishra today declined to stay the Bombay High Court judgment as was sought in the Special Leave Petition filed by Special Secretary to Goa Governor Dr. N.Radhakrishnan.

 

Dr. Radhakrishnan was 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.

 

During the hearing today Justice Thakur categorically stated  “ We will not stop any authority from complying with a statutory law, the Right to Information Act.

The Supreme Court however observed stated that the contempt of Court proceedings initiated by Adv. Aires Rodrigues against Dr. N. Radhakrishnan to punish him for not complying with the RTI Act shall be stayed till the next hearing of the SLP filed by Goa Raj Bhavan which is scheduled for January 2012.

The 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.

 

A Contempt of Court petition was filed by Adv. Aires Rodrigues seeking to punish 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 served on Goa Raj Bhavan earlier 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 had 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.

Comments are closed.