Guv Seeks Constitutional Immunity in RTI case
Governor of Goa Dr. S S Sidhu on Tuesday sought immunity under Article 381 of the Indian Constitution with regards to the petition filed against him by activist Aires Rodrigues before the Goa State Information Commission for not furnishing information sought under the Right to Information Act.
The Governor who is busy playing host to the President of the country during her four-day holiday in Goa, did not appear before the commission as directed, but was represented by his lawyer Carlos Ferreira.
The Goa State Information Commissioner Motilal Keny vide his order dated 22nd December 2010 had directed the Governor and his Special Secretary Dr. N Radhakrishnan to appear in person before him after Aires Rodrigues filed the petition stating that he was not provided the information sought with regards to his complaints made to the Governor over the misdeeds of the Advocate General.
The Governor has invoked Article 381 of the Constitution which protects and grants immunity to Governors for the exercise and performance of the powers and duties of his or her office.
Dr Radhakrishnan on the other hand, has taken the defense that the Governor is not a ‘public authority’ and therefore cannot be covered under the RTI.