Manohar Parrikar sought opinion of Goa Governor to be given in RTI

NEW DELHI: While governments oppose in courts the disclosure of Governor's reports to the Centre, Defence Minister Manohar Parrikar, as Leader of Opposition in Goa Assembly in 2007, had filed an RTI application seeking disclosure of state Governor's report.

The issue arose when political situation in Goa changed and Governor of Goa directing the Chief Minister to prove his majority in the Legislative Assembly.

A resolution of Vote of Confidence was passed in the Assembly and the Speaker made a report to the Governor. In turn, the Governor of Goa sent his report to the Union Home Minister.

In September 2007, Parrikar filed an RTI application seeking disclosure of the report sent by the Governor regarding the political situation in Goa during the period from July 24, 2007 to August 14, 2007 which was declined by the Governor's office.

Following the objection of Governor S C Jamir's office in disclosing the opinion, a legal battle ensued, which went from State Information Commission to the Supreme Court.

Parrikar maintained that disclosure of Governor's opinion to the Union Government under the RTI Act saying the report under Article 356 of the Constitution was made in performance of a constitutional duty and not in a fiduciary capacity.

"The President and the Governor being the public authorities, are amenable to the provisions of the RTI Act and are required to disclose any information when ordered by the PIO or in an appeal by the appellate authority or the Information Commission," his lawyers had argued before Division Bench of the Bombay High Court.