RTI COMPLAINT AGAINST GOA GOVERNOR: VERDICT ON MARCH 31st

PANJIM: The Goa State Chief Information Commissioner Mr. Motilal Kenny will on 31st March deliver his verdict on the complaint filed by Adv. Aires Rodrigues against Goa Governor Dr. S.S.Sidhu for not complying with the RTI Act.

Adv. Carlos Ferreira and Adv. Mahesh Sonak appearing for the Raj Bhavan have argued that the Governor of Goa was not a “Public Authority”.

Adv. Aires Rodrigues however argued that the violation of the law by the Head of the State was a very bad precedent and was obstructing the enforcement of the RTI Act in the State.

Pointing out that even the President of India as a Public Authority was complying with the provisions of the RTI Act, Adv. Rodrigues has 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.

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 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.

Adv. Aires Rodrigues in his petition before the State Information Commission 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 he Raj Bhavan was bound to furnish the information sought and that he refusal to furnish information was unreasonable, malafide and ithout reasonable cause.

Adv. Rodrigues has also sought that Raj Bhavan officials be penalized under Sec 20 of the RTI act for not complying with the provisions of the Act.