The High Court of Bombay at Goa has ruled that the office of the Archbishop Patriarch of Goa and Daman is not a public authority under the Right to Information (RTI) Act. The court's decision came after it set aside the order of the Goa State Information Commission (GSIC), which had previously deemed the Archbishop's office a public authority and subject to RTI queries.
The Goa State Information Commission's order from December 16, 2014, had declared that the Archbishop Patriarch of Goa and Daman fell under the definition of a 'public authority' according to Section 2(h) of the RTI Act. This decision was challenged by the Archbishop through his procurator Fr Valeriano Vaz.
The case originated when Antonia Michelle Abel sought certified photostat copies of appointment letters for various high-ranking positions within the Church. Fr Rosario Oliveira, Judicial Vicar, refused to accept the request, leading to legal proceedings.
Representing the Archbishop, Senior Advocate Zilman Coelho Pereira argued that the Canon Law, which governs the Ecclesiastical Tribunals, is a private law applicable solely to Roman Catholics and doesn't establish the Archbishop as a public authority. On the other side, Senior Advocate J P Mulgaonkar defended the GSIC's stance, asserting that the Canon Law's recognition of the Ecclesiastical Tribunal under Articles 226 and 227 of the Constitution meant the Tribunal was a public authority under the RTI Act.
Justice Mahesh Sonak, delivering the order, stated that the Patriarchal Tribunal isn't established by the Constitution or any governmental notification. He observed that the GSIC should have assessed whether the Archbishop, acting in his capacity as a Patriarchal Tribunal, could be classified as an authority or body established by law.
The High Court's verdict overturned the GSIC's order and concluded that the Archbishop's office is not a 'public authority' as per Section 2(h) of the RTI Act.
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