HC confirms stay against GIC order

NT NETWORK
Posted on 2008-10-24
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.