RTI FLASH-8
The report of the Governor made to President under Article 356 of the Constitution is NOT exempt under clause (e) of Section 8 of the RTI Act.
See:
High Court of Bombay at Goa
WP No 478 /2008 and WP No 237 /2011
PIO/JS to the Governor Goa Vs Shri Manohar Parikar and others
WP No 478 /2008 and WP No 237 /2011
PIO/JS to the Governor Goa Vs Shri Manohar Parikar and others
Decided on 14-11-2011.
In this landmark decision, the High Court upheld the order of the Goa State Information Commission and ordered provision of information to the original applicant.
The court held that the Governor is a 'public authority', he is not a 'sovereign', the relationship between the President and the Governor is not 'fiduciary' and so the report of the Governor sent to President under Article 356 (1) of the Constitution is not exempt from disclosure under Section 8(1)(e) of the RTI Act.
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