PANJIM: The Goa State Chief Information Commissioner Mr. Motilal Kenny today adjourned to 21st Jan for arguments the complaint filed by Adv. Aires Rodrigues against Goa’s Governor Dr. S.S.Sidhu for non- complying with the Right to Information Act.
At the hearing today Adv. Carlos Ferreira appeared on behalf of Governor Sidhu while the Special Secretary to the Governor Dr. N.Radhakrishnan who was present was represented by Adv. Mahesh Sonak.
Every Governor is always assisted and guided by the Advocate General of the State on all legal issues. Surprisingly today Governor Sidhu chose to be represented by a private advocate while by passing State Advocate General Subodh Kantak.
Adv Carlos Ferreira today submitted before the Commission that the Governor of Goa could not be made a party to the complaint as he enjoyed constitutional immunity as a Governor.
Strongly opposing this Adv. Aires Rodrigues submitted that the Governor had to a party to the case as he has to explain to the Commission as to how he is not a “Public Authority”.
Adv. Rodrigues drew the Commission’s attention that even the President of India as a “Public Authority” was complying with the RTI Act.
The Governor should have led by example in complying with the RTI Act, submitted Adv. Rodrigues
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 has been notified as a public authority he was bound to furnish the information sought and that the refusal was contrary to the RTI Act, unreasonable, malafide and without reasonable cause.
Adv. Rodrigues has in his petition also sought that the Governor of Goa be penalized in terms of section 20 of the RTI Act for not furnishing the information sought.
Adv. Aires Rodrigues by an application dated 29th November 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 a letter to Adv. Aires Rodrigues dated 30th November, Special Secretary to Governor, Dr. N.Radhakrishnan declined to furnish the information, stating that information under RTI Act could not be furnished as the Governor of Goa is not a Public Authority.
As expected.However the Gov. had his Legal representatives.
ReplyDeleteThe Governor , does not have Constitution Immunity.
So lets see how the RTI Act is interpreted.
The Prime Minister of the UK is not immune, so who does Dr.Siddhu think he is, being just a Governor.What is his purpose for this position?
State Governors in the USA are not immune either.
Correction:::Though the GOV., has a Right under the Constitution from immunity, he is still answerable under RTI.
ReplyDeleteThe RTI is a more recent Act of Parliament and should have precedence. If the Gov.was involved in a criminal matter he would certainly have no immunity.Section 361 or not.
If governor himself is not beliveing in the capabilities of state advocate general mr. subodh kantak, then why is the state paying him such a huge amount of money?
ReplyDeleteWhat exactly is the job profile of that person / post? Can someone please explain me?