Panaji:
Governor Dr SS Sidhu sought constitutional immunity to absolve himself from a case filed against him with the State Information Commission for not submitting a reply under the Right to Information (RTI) Act.
"The Governor enjoys the privilege extended to him under Article 361 of the Indian Constitution (Protection of President and Governors) and has exercised it," legal counsel to the Governor, Carlose Fereira told reporters after appearing before the Commission on Tuesday morning.
According to Article 361, "The President, or the Governor or Rajpramukh of a State, shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties."
In the order dated December 22, State Information Commissioner Motilal Keny had asked Governor and his Special Secretary N Radhakrishnan to personally appear before the Commission on Friday at 10:30 am.
The Governor, who is currently hosting President Pratibha Patil, was not present for the hearing. His Special Secretary appeared before the bench.
The complaint against him and his special secretary was filed by Goa-based social activist Aires Rodrigues.
Rodrigues, by an application on November 29, had sought from Raj Bhavan under the RTI Act details of action taken on complaints made by him to the Governor against the Advocate General of Goa.
Rodrigues had also sought copies of noting sheets and correspondence pertaining to processing of his complaints.
Radhakrishnan had declined to furnish the information, stating that information under RTI Act could not be furnished as the Governor of Goa is not a Public Authority and that an affidavit to this effect has been filed before the Bombay High Court.
Governor's Special Secretary in a reply before the commission has said that Governor is not a public authority and hence he cannot be covered under RTI.
The next date for hearing is January 21.