RTI Case: HC stays Info Commissioner's order on Governor's report

[sidmis]

RTI Case: HC stays Info Commissioner's order on Governor's report

As Reported in New Kearala

Panaji, Aug 6 : The debate whether Goa Governor S C Jamir's
confidential report to the Centre on political developments in the
state come under the purview of the Right to Information (RTI) Act for
public disclosure or not, has now reached the Bombay High Court in
Panjim.

Admitting an appeal against the State Information Commission's order,
the court's single judge bench of Justice N Britto yesterday stayed
the order, directing the joint secretary to the Governor of Goa to
supply information related to the Governor's report to the Centre
pertaining to political crisis between July 24 and August 14, 2007, to
the Opposition leader Manohar Parrikar.

The court also served notices to the respondents Mr Parrikar and the
Goa Information Commissioner in this regard. The appeal against the
order was filed by Dr N Radhakrishnan, Public Information Officer, who
is also joint secretary to the Governor of Goa.

Advocate General Subodh Kantak, pleading on behalf of the petitioner,
told the court that the petition raised the issue whether the
Governor's office was a public authority as defined under the RTI Act
for disclosing reports of confidential nature between the Governor and
the Centre.

--- UNI

http://www.newkerala.com/topstory-fullnews-7445.html

[karira]

In a similar case, the Karnataka Information Commission also allowed the disclosure of the Governors Report to the centre. There was no subsequent report regarding a stay order from the High Court.

Please see:

KIC allows disclosure of Governors report to President recommending Presidents Rule....

[karira]

As reported in navhindtimes.com on 24 October 2008: Navhindtimes.com - News and Features from Goa, India

HC confirms stay against GIC order

PANAJI- The single bench of the Bombay High Court, has confirmed the stay, which was earlier granted by the court, against the order dated July 30, 2008, passed by the Goa Information Commission (GIC).

The matter has been fixed for final hearing on January 13, 2009.
The High Court had earlier admitted the writ petition, filed by the public information officer and joint secretary, to the governor of Goa, challenging the order passed by the Goa Information Commission.

The Goa Information Commission had by order dated July 30, directed the PIO to give reports, as requested by Mr Manohar Parrikar, within a period of 10 days from the date of the order.
Mr Parrikar had asked the PIO to given him copies of the reports sent by the Governor to Union Home Minister, New Delhi, on political situation in Goa, during the period from July 24, 2007 to August 14, 2007.

The Information Commission had asked the PIO to give the information, as the same was not covered under the exemption of Clause (c) and Clause (e) of Sub-Section (1) of Section 8 of the RTI Act.

Petitioner had submitted that the Commission erred in law in holding that the information sought is not covered under the exemptions provided under Section 8 of the Act.

According to the petitioner, the Governor is a "competent authority" and not a "public authority", and the Act has made clear distinction between the two.

It may be recalled that the PIO, by his letter dated October 22, 2007 rejected the request of Mr Parrikar on the ground that the reports are "highly sensitive and secret", and therefore exempt from disclosure under the RTI Act.
Subsequently an appeal was filed before the First Appellate Authority, Secretary to the Governor of Goa, who upheld the decision of the PIO and rejected the appeal.

Aggrieved by this, an appeal was filed before the Commission, which directed the PIO to give information.

[karira]

This case raises a very important issue:

Can a "Competent Authority" also be a "Public Authority" ?