HC judge recuses from hearing governor's plea.

The Times of India: Tuesday, November 29, 2011.

PANAJI: A judge of the high court of Bombay at Goa on Monday recused from the hearing of an application filed by the governor of Goa seeking a stay of the RTI judgment in order to approach the Supreme Court.

On November 14, the high court had ruled that a copy of the report sent by the governor to the President (through the Union home minister) under Article 356(1) of the Constitution of India is not exempt from disclosure under Section 8(1)(e) of the RTI Act. Under the RTI Act, opposition leader Manohar Parrikar had sought a copy of the report that was sent regarding the political situation in Goa from July 24 to August 14, 2007.

When the application came up before a division bench of the court, Justice A P Lavande said, "Not before me."

The matter would now have to be placed before another bench. The applicant will now have to approach the chief justice of the Bombay high court for reconstituting a special bench to hear the application.

In his application, N Radhakrishnan, special secretary to the governor of Goa, had sought a stay of the high court judgment for a period of 30 days as the governor has decided to challenge it before the Supreme Court by filing a special leave petition.

The applicant has submitted that if the stay of the judgment is not granted, the applicant shall suffer loss and great prejudice as the applicant will be compelled to furnish the information under the RTI Act.

The high court had held that the governor would not be able to claim sovereign immunity from disclosing information under RTI in respect of non-sovereign functions.

The court also ruled that the governor of Goa fell within the scope of a 'public authority' as defined under the Right to Information Act (RTI) Act, 2005.