GOA GOVERNOR ‘S PLEA FOR CONSTITUTIONAL IMMUNITY: ORDER ON 25TH FEB

PANJIM: The Goa Chief Information Commissioner Mr. Motilal Kenny will on Friday 25th Feb pronounce his order on Goa Governor Dr. Shivinder Singh Sidhu’s plea for constitutionally immunity in the RTI case filed against him by Adv. Aires Rodrigues.

Adv. Aires Rodrigues’s complaint against Governor Sidhu follows the stand taken by the Raj Bhavan that the Governor of Goa is not a public authority and does not come within the purview of the RTI Act.

Adv. Rodrigues had sought from Raj Bhavan under the Right to Information Act details of action taken on the complaints made by him to the Governor of Goa against 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.

In his petition before the State Information Commission, Adv. Aires Rodrigues has stated that the office of the Governor is a constitutional post within the definition of “Public authority” under section 2 (h) (a) of the RTI Act.

Adv. Rodrigues has stated that as the Governor is a public authority Raj Bhavan was bound to furnish the information sought and that the refusal was unreasonable, malafide and without reasonable cause.

Meanwhile, Rashtrapati Bhavan has forwarded to the Union Home Ministry the complaint filed by Adv. Aires Rodrigues against Dr. Sidhu continuing as Governor even after his five year term having ended.

Adv. Rodrigues had drawn President Pratibha Patil’s attention that Governor Sidhu was continuing in office for over 18 months after his official five year term as Governor has ended on 5th August 2009.

Adv. Rodrigues has questioned as to how Governor Sidhu continues to hang on at Goa’s Raj Bhavan on an illegal extension making it a sheer mockery of the provisions of the Indian Constitution.