HIGH COURT DECLINES TO HEAR GOA GOVERNOR’S PETITION SEEKING STAY OF RTI JUDGEMENT
A Division Bench of the Bombay High Court today declined to hear the petition filed by the Governor of Goa seeking a stay of the judgment passed by the High Court which had ruled that the Governor of Goa was a public authority and came within the ambit of the Right to Information Act. “Not before me” said Justice A.P. Lavande who was heading the Division bench along with Justice U.V.Bakre.
In his petition Dr.N.Radhakrishnan, Special Secretary to the Governor of Goa had sought stay of the High Court Judgment passed on November 14th as the Governor has decided to challenge it before the Supreme Court.
Dr Radhakrishnan in his petition further submitted that if the judgment was not stayed he would suffer grave loss and prejudice as the Goa Raj Bhavan would be compelled to furnish information sought under the Right to Information Act.
The Goa Raj Bhavan’s petition follows a legal notice served earlier this week by Adv. Aires Rodrigues demanding that all the information sought by him through his 15 applications under the RTI Act which are pending at the Raj Bhavan be furnished to him within 7 days.
In one of the applications Adv. Aires Rodrigues had sought from Goa Raj Bhavan under the RTI Act details of the action taken by the Goa Governor on the complaints filed by him against the 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.
The Bombay High Court at Goa by a judgment on 14th November had clearly ruled that the Governor of Goa was a Public Authority coming within the ambit of the RTI Act and that the Public Information Officer at the Goa Raj Bhavan was duty bound to furnish information sought under the RTI Act.
Adv. Aires Rodrigues in his Affidavit filed in response to the Governor’s petition has stated that the Governor’s petition was misconceived and that he was not entitled to any stay.
Stating that the judgment by the High Court has already been delivered and was now operative, Adv. Rodrigues has in his affidavit further stated that seeking a stay now does not arise as no attempt was made to seek a stay when the judgment was pronounced on Nov 14th though the Advocate for the Governor was present when the judgment was pronounced.
Adv. Rodrigues has also stated that now a different bench of the High Court could not stay a judgment which had already become operative.
Stating that the High Court had in a well considered and detailed judgment held that the Governor of Goa was a Public Authority, Adv. Rodrigues has further stated that such a judgment cannot be stayed merely on the ground that the Goa Governor desires to move the Supreme Court.
Adv Rodrigues has also submitted that the Governor has to comply with the RTI Act and that no prejudice would be caused to the Governor if he furnishes the information sought as required by law.
Stating that the petition by the Goa Raj Bhavan has been filed malafiedly and without application of mind, Adv Rodrigues has sought that the High Court dismiss the Goa Governor’s petition by imposing heavy and exemplary costs.
Interestingly despite every other Governor in the country and even the President of India complying with the RTI Act, the Goa Raj Bhavan over the last five years had chosen to avoid furnishing information under the RTI Act on the grounds that the Governor of Goa was not a Public Authority.
It may be recalled that the former Chief Justice of India J.S.Verma who is also a former Governor himself on a visit to Goa earlier this year had publicly opined that the Goa Governor was a Public Authority and did come within the ambit of the Right to Information Act. A similar view was also strongly expressed by noted RTI Activist Aruna Roy while in Goa recently.
Ironically the current Goa Governor Mr. K. Sankaranarayanan who is complying with the RTI Act as Governor of Maharashtra, in Goa like his predecessor Dr. S.S.Sidhu has refused to comply with the Act where he is holding additional charge as Governor.
No comments:
Post a Comment