Indlaw.com: Wednesday, April 04, 2012.
Supreme Court will hear the Special Leave Petition (SLP), filed by state Raj Bhavan, challenging the judgment of the Bombay High Court at Goa pertaining to the Right to Information (RTI) Act.
A division bench comprising Justices Dalveer Bhandari and Dipak Mishra will hear two petitions filed by the Goa Governor K Sankaranarayanan challenging the judgment of the Bombay High Court at Goa which while holding that Goa Governor was a public authority had directed the Raj Bhavan to furnish Chief Minister Manohar Parrikar and city-based social activist and lawyer Aires Rodrigues to provide information sought by them under the RTI Act.
The Bombay High Court at Goa in a landmark 58-page judgment had clearly ruled that the Governor of Goa was a public authority and was bound to furnish information sought under the RTI Act.
Mr Parrikar had sought a copy of Goa Governor's report to the Union Home Minister P Chidambaram regarding the political situation in the state during the period between July 24 and August 14, 2007.
While, Mr Rodrigues had sought from Raj Bhavan details of the action taken by the Governor on the complaints filed by him against the then Advocate General of Goa Subodh Kantak. Mr Rodrigues had also sought copies of noting sheets pertaining to the processing of his complaints against the then Advocate General.
The Goa Raj Bhavan, however, took a stand that the Governor was not a public authority and did not come under the purview of the RTI Act.
After hearing a complaint filed by Mr Rodrigues, the state Chief Information Commissioner (CIC) Motilal Keny on March 31 last year had ruled that the Governor was a 'Public Authority' and did come within the ambit of the RTI Act.
That decision was upheld by the Bombay High Court at Goa.
Incidentally, when every other Governor across the country and even the President are complying with the RTI Act, the Goa Raj Bhavan over the last five years has chosen to avoid furnishing information under the RTI Act on the grounds that the state Governor was not a public authority.
The apex court has already issued notice to the Attorney General of India in this regard.
The verdict of the Supreme Court will have far-reaching effects on the RTI Act, as if it rules in favour of Goa Raj Bhavan, all other Raj Bhavans and even the Rastrapathi Bhavan may stop complying with the RTI Act.
Mr Sankaranarayanan who is also holding the additional charge as Governor of Maharashtra, is known to comply with the RTI Act but ironically, he has refused to comply with the Act in Goa. UNI
A division bench comprising Justices Dalveer Bhandari and Dipak Mishra will hear two petitions filed by the Goa Governor K Sankaranarayanan challenging the judgment of the Bombay High Court at Goa which while holding that Goa Governor was a public authority had directed the Raj Bhavan to furnish Chief Minister Manohar Parrikar and city-based social activist and lawyer Aires Rodrigues to provide information sought by them under the RTI Act.
The Bombay High Court at Goa in a landmark 58-page judgment had clearly ruled that the Governor of Goa was a public authority and was bound to furnish information sought under the RTI Act.
Mr Parrikar had sought a copy of Goa Governor's report to the Union Home Minister P Chidambaram regarding the political situation in the state during the period between July 24 and August 14, 2007.
While, Mr Rodrigues had sought from Raj Bhavan details of the action taken by the Governor on the complaints filed by him against the then Advocate General of Goa Subodh Kantak. Mr Rodrigues had also sought copies of noting sheets pertaining to the processing of his complaints against the then Advocate General.
The Goa Raj Bhavan, however, took a stand that the Governor was not a public authority and did not come under the purview of the RTI Act.
After hearing a complaint filed by Mr Rodrigues, the state Chief Information Commissioner (CIC) Motilal Keny on March 31 last year had ruled that the Governor was a 'Public Authority' and did come within the ambit of the RTI Act.
That decision was upheld by the Bombay High Court at Goa.
Incidentally, when every other Governor across the country and even the President are complying with the RTI Act, the Goa Raj Bhavan over the last five years has chosen to avoid furnishing information under the RTI Act on the grounds that the state Governor was not a public authority.
The apex court has already issued notice to the Attorney General of India in this regard.
The verdict of the Supreme Court will have far-reaching effects on the RTI Act, as if it rules in favour of Goa Raj Bhavan, all other Raj Bhavans and even the Rastrapathi Bhavan may stop complying with the RTI Act.
Mr Sankaranarayanan who is also holding the additional charge as Governor of Maharashtra, is known to comply with the RTI Act but ironically, he has refused to comply with the Act in Goa. UNI
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