Friday, 21 January 2011

GOA GOVERNOR NOT ENTITLED TO CONSTITUTIONAL IMMUNITY IN RTI CASE SAYS AIRES

PANJIM: Adv. Aires Rodrigues today submitted before the Goa State Information Commission that Governor of Goa Dr. S.S.Sidhu was not entitled to any constitutional immunity in the complaint filed against him under the Right to Information Act. In an 11 page affidavit filed before the Commission today Adv Rodrigues has stated that the Governor’s plea for immunity under Article 361 of the Constitution was totally misconceived.
The State Chief Information Commissioner Mr. Motilal Keny will now on 4th February hear oral arguments on the Governor's plea
Adv. Rodrigues in his affidavit today stated that though the notice was issued to the Governor he has in utter disrespect chosen not to respond to the notice and instead a reply has been filed by his Secretary claiming constitutional immunity for the Governor under Article 361 of the Constitution of India.
Stating that a claim for constitutional immunity if any can be raised only by the Governor and not by his Secretary, Adv. Rodrigues has stated there was nothing on record to show that the Governor had authorised his Secretary to file the reply before the State Information Commision.
Adv. Rodrigues has also stated that it was a crying shame that a claim for constitutional immunity is made on behalf of the Governor when it was claimed in the same breath that he is not a Public authority.
Stating that as a constitutional authority he has to ensure that the constitution and the laws of the land are obeyed, Adv. Rodrigues has submitted that the Governor cannot act in defiance of law and he cannot on one hand claim constitutional immunity and on the other claim that he is not a Public authority
Adv. Rodrigues has stated that that the Governor had to be made a party to the complaint as the reason given for denial of the information was that the Governor was not a Public authority under the RTI Act.
Adv. Rodrigues has further stated that if the Governor claims that he is not a public authority to deny information, then he cannot in the same breath claim any constitutional immunity.
Adv. Rodrigues has in his affidavit also stated that the Governor had to be made a party to the proceedings as he was a necessary party to defend the claim that he was not a Public authority.
Adv. Rodrigues has stated that the law has to be is complied with and not made a mockery of as was sought to be done by the Governor in taking a totally uncalled for and absurd stand that he is not a Public authority.

1 comment:

  1. Adv Aires Rodrigues deserves all support and appreciation for his single handedly fighting the battle with corrupt politicians and Babus and the police. They come to Goa and within few years make so much wealth that they buy land and construct big Bungalows with the corrupt wealth earned here.All of them are feeding on the tax payer's money and the money repatriated by the NRIs and are carrying out activities detrimental to State of Goa. They help the local corrupt politicians to make money by illegal activities like mining. casinos, drug trade, etc. Shame on them ! An impartial inquiry will bring out their illegal and harmful acts!
    Let God give a long life to Adv. Rodrigues to serve the people!

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