Goa governor comes within ambit of Right to Information Act: Bombay High Court

In a landmark judgement, Bombay High Court bench in Goa today ruled that Governor of Goa was a Public Authority and did come within the ambit of the Right to Information Act.

Delivering the judgement, 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.

The Court in August this year had reserved the judgement after hearing final arguments in the petition filed by Goa Raj Bhavan. The Governor of Goa had refused to furnish information sought by a social activist and lawyer Aires Rodrigues under the RTI Act claiming that he was not a "Public Authority". 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 Subodh Kantak.

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" did 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. The State Chief Information Commissioner Motilal Keny on March 31, 2011 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.

Tuesday 15 November 2011 by RTI INDIA
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