Supreme Court stays HC order on Goa Governor’s Report

Supreme CourtThe Supreme Court passed a stay on all ensuing proceedings arising out of the order of the Bombay High Court asking the Goa Raj Bhawan to publish the report of the Goa Governor. The report was given to the Centre regarding the political situation in the state during the July-August period in 2007.

The current proceedings arose out of a RTI application filed by Manohar Parrikar of BJP with the Raj Bhawan seeking a copy of the Goa Governor’s report to the Union Home Minister. The Raj Bhawan refused to provide a copy and rejected the application. Subsequent to this the High Court of Bombay ordered the Raj Bhawan to make public the report.

The argument put forth by the government of Goa before the Supreme Court was that the office of the Governor does not come within the ambit of “public authority” as defined under the RTI Act. The Additional Solicitor General Vivek Tankha appearing for the Goa government submitted before the court that the immunity conferred on the Governor is plenary and therefore the Governor’s exercise of authority or performance of his duties cannot be called into question by any court or authority.

The bench headed by Justice Dalver Bhandari gave a stay order on all proceedings arising out of the case including the contempt proceedings that had been initiated against the Governor’s office.

The Apex Court will hear the petition of the state government challenging the decision of the High Court directing the office of the Governor, to publish the report under the RTI in the hearing that has been posted after six weeks.

Supreme Court stays HC order on Goa Governor’s Report

Report by Radhalakshmi