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LATEST NEWS UPDATES | Goa moves SC against bringing Article 356 report under RTI Act by Dhananjay Mahapatra

Goa moves SC against bringing Article 356 report under RTI Act by Dhananjay Mahapatra

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published Published on Dec 7, 2011   modified Modified on Dec 7, 2011

The Goa government has moved the Supreme Court challenging an order of Bombay High Court's Goa bench bringing governor's report to the Centre about the political situation in a state under the ambit of Right to Information Act, a decision that created major legal discomfort in the corridors of power.

The appeal by Goa government, which has also sought a stay on the November 14 HC verdict, is listed for mentioning before the SC on Thursday. The HC's decision to make available governor's report to applicants under RTI Act had perceived repercussions as the Union Cabinet headed by the prime minister relies on the secret report sent by the head of a state to the President as a precursor to action under Article 356 of the Constitution for imposition of central rule.

The Goa government's appeal challenged the decision saying the governor was not a public authority under the RTI Act as he was the formal and constitutional head of the government. "Therefore, the governor does not perform routine functions of governance, which are left to the various ministries/departments of the government," it said.

It added that the immunity granted to the governor under Article 361 of the Constitution was absolute and he was not answerable to any court "for the performance of his powers and duties of his office or for any act done or purporting to be done in the exercise and performance of those powers and duties".

Therefore it was contradictory to argue that a governor was not answerable to constitutional courts but he was to be held answerable to a statutory authority under the RTI Act, the Goa government said.. "Such a situation would be an aberration to the constitutional scheme, and would render nugatory the whole purpose of Article 361," it added.

The case began with BJP leader Manohar Parrikar seeking a copy of the Goa governor's report to the Union home minister regarding the political situation in the state during the period July 24-August 14, 2007. But the governor's principal information officer declined to provide the same under RTI Act. However, the Goa State Information Commission directed Raj Bhawan to provide the report to Parrikar. The PIO appealed against it before the Goa bench.

A division bench of Justices D G Karnik and D M Reis had said, "It must be held that the governor cannot claim an exemption under clause (e) of sub-clause (1) of Section 8 of the RTI Act in respect of disclosure of a report made by him under Article 356 of the Constitution.


The Times of India, 8 December, 2011, http://timesofindia.indiatimes.com/articleshow/11026128.cms


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