CAVEAT FILED IN HIGH COURT AGAINST GOA GOVERNOR IN RTI CASE

PANJIM: A caveat has been today filed before the Bombay High Court at Goa by Adv. Aires Rodrigues against the Governor of Goa Dr. S.S.Sidhu in the RTI case. The caveat has been filed by Adv. Aires Rodrigues anticipating that Governor of Goa may move the High Court against the order of the Goa State Information Commission directing Goa Raj Bhavan to furnish the information sought under the Right to Information Act.

Adv. Aires Rodrigues in his caveat today before the High Court has prayed that no order be passed without notice to him on any petition that may be filed before the High Court by the Governor of Goa or any Raj Bhavan Official.

The Goa State Chief Information Commissioner Mr. Motilal Kenny by an order on 31st March ruled that the Goa Governor was a “Public Authority” and does come within the ambit of the Right to Information Act.

Goa State Chief Information Commissioner has directed the Public Information Officer at Goa Raj Bhavan to furnish within 30 days to Adv. Aires Rodrigues the information sought by him under the Right to Information Act.

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 Goa Raj Bhavan under the RTI 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 of Goa.

Adv. Aires Rodrigues in his petition before the State Information Commission 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.

While Adv. Carlos Ferreira and Adv. Mahesh Sonak appearing for the Raj Bhavan had argued that the Governor of Goa was not a “Public Authority”, Adv. Aires Rodrigues pointed out that even the President of India as a Public Authority was complying with the provisions of the RTI Act. Adv. Rodrigues had further submitted that Dr. S.S. Sidhu was the only Governor in the country who was not complying with the RTI act while claiming that he was not a “Public Authority.