The Patriarchal Tribunal, based on Canon Law, is not considered a public authority under the RTI Act as it is not established by law made by Parliament or State Legislature.

JUDGMENT:

1. Heard Mr J. E. Coelho Pereira, learned Senior Advocate who appears along with Mr B. Fernandes and Mr Sagar Rivankar for the Petitioner and Mr J. P. Mulgaonkar, learned Senior Advocate who appears along with Ms Deeksha Sharma for Respondent No.2.

2. he challenge in this petition is to the order dated 16.12.2014 made by the Goa State Information Commissioner holding that the petitioner, in his capacity as the Patriarchal Tribunal of the Archdiocese of Goa and Daman, is a “public authority”, within the meaning of Section 2 (h) of the Right to Information Act, 2005 (RTI Act).

3. he respondent no.2, by her application dated 19.04.2011, applied to the Public Information Oicer (PIO) of this Court for the following information:-

“a) A certiied xerox copy of His Eminence, Most Revd Fr Filipe Neri Ferrao’s Apostolic Letter of Appointment to the post of Archbishop-Patriarch of the East Indies.

b) A certiied xerox copy of His Eminence, Most Revd Fr Oswald Cardinal Gracias’s Apostolic Letter of Appointment to the post of Archbishop of Bombay.

c) A certiied xerox copy of the accreditation received from the Hon’ble Supremo Tribunale della Segnatura Apostolica, Vatican City/State, Italy, on the Ecclesiastical Oices and Courts of the Patriarchal Tribunal of the Archdiocese of Goa and Daman in Goa and the Metropolitan Tribunal of the Archdiocese of Bombay in Mumbai.

d) A certiied xerox copy of the authorization received from Her Exceilency’s, the President of India, predecessor for the functioning of the Patriarchal Tribunal of the Archdiocese of Goa and Daman in Goa and the Metropolitan Tribunal of the Archdiocese of Bombay in Mumbai.

e) A certiied xerox copy of the Acts and Laws of the Patriarchal Tribunal of the Archdiocese of Goa and Daman and the Metropolitan Tribunal of the Archdiocese of Bombay.

f) A certiied xerox copy of the authorization received from His Holiness, the Supreme Roman Pontif to use the Portuguese Decree Law No 35461 dated 22.1.1946 under the title of the Law of Canonical Marriage contained in the Family Laws of Goa, Daman and Diu as well as other Portuguese Laws still in force in Goa to execute the Order/Judgement of annulment of marriage made on the margin of the certiicate of marriage by the Patriarchal Tribunal of the Archdiocese of Goa and Daman duly ratiied by the Metropolitan Tribunal of the Archdiocese of Bombay.

g) A certiied xerox copy of His Eminence, Most Revd Fr Filipe Neri Ferrao’s Letter of Appointment to the post of Diocesan Judge of the Patriarchal Tribunal of the Archdiocese of Goa and Daman.

h) A certiied xerox copy of His Eminence, Most Revd Fr Oswald Cardinal Gracias’s Letter of Appointment to the post of Diocesan Judge of the Metropolitan Tribunal of the Archdiocese of Bombay.

i) A certiied xerox copy of the last Report submitted to His Excellency, the Most Hon’ble Chief Justice of the High Court of Bombay on the execution of the orders/ judgements of annulment of marriages by the Patriarchal Tribunal of the Archdiocese of Goa and Daman.

j) A certiied xerox copy of the last Report submitted to the Hon’ble Supremo Tribunale della Segnatura Apostolica, Vatican City/State, Italy in the prescribed formulae of the Holy See.”

4. he respondent no.2, by the same application dated 19.04.2011 also sought for leave to inspect the register of cases of annulment of marriages sent by the Archbishop-Patriarch of the East Indies to this Court. A request was made to permit the inspection of all other registers maintained by the Court and scrutinise the records and documents in that regard.

5. he application dated 19.04.2011 stated that respondent no.2 had made an application dated 21.02.2011 under Section 6 of the RTI Act to the PIO, Patriarchal Tribunal of Archdiocese of