The Patriarchal Tribunal does not qualify as a public authority under the RTI Act as it operates under Canon Law, which is not constituted by Indian parliamentary or state laws.

Headnote:(A) Right to Information Act, 2005 - Section 2(h) - Determination of ‘public authority’ - Petition challenges the ruling of the Goa State Information Commission declaring the petitioner a public authority under the RTI Act - The petitioner contends that it operates under Canon Law, not constituted by law of Parliament or State Legislature - The Court finds that the GSIC's reasoning for public authority designation inadequately addresses statutory requirements, thus ruling that the Patriarchal Tribunal is not a public authority under the RTI Act. (Paras 42-45)

(B) The Canon Law - It is clarified that Canon Law does not constitute law made by Indian Parliament or State Legislature, thereby excluding the Patriarchal Tribunal from being regarded as a public authority under the RTI Act. (Paras 40-41)

Facts of the case:
The Information Commissioner ruled that the Patriarchal Tribunal operates as a public authority per RTI Act, prompting the petition for review on statutory grounds. Prior cases and citations from the judgment emphasize the distinction between ecclesiastical authority and statutory public authority.

Findings of Court:
The court rules that mere recognition of annulment decisions does not equate to the Tribunal being a body established by statutory law, thereby rejecting the GSIC’s ruling.

Issues: Whether the Patriarchal Tribunal qualifies as a public authority under the RTI Act based on established statutory definitions.

Ratio Decidendi: The court emphasizes that a body constituted under specific statutory law must satisfy public authority criteria, dismissing the invocation of Canon Law as applicable. Judicial review retains relevance despite the GSIC's ruling based on correlations drawn between religious ecclesiastical authority and state governance.

Result: The impugned order dated 16.12.2014 is set aside, ruling that the petitioner is not a ‘public authority’ under RTI Act.

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 Goa and Daman, Altinho Panaji Goa. However, Fr. Rosario Oliveira, Judicial Vicar, after perusing the application, refused to accept the same, and therefore such an application was sent by Registered Post A/D. But again, the application was refused a

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