Activist moves HC for documents regarding Shinde govt formation

The activist claims that he didn’t face any resistance in procuring similar documents submitted following the formation of Uddhav Thackeray-led government

A Navi Mumbai-based social activist has filed a writ petition in the Bombay High Court (HC) questioning State Information Commission (SIC) grounds cited while denying certified copies of the letter of support and other documents produced by Eknath Shinde government during the government formation following the resignation of then Chief Minister Uddhav Thackeray.

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Social activist Santosh Shrimant Jadhav, 43, has filed the writ petition on September 20. The Public information Officer (PIO), who is also the Secretary to the Governor, the first appellate officer, also the deputy secretary to the Governor, and the State Information Commissioner are named as respondents for allegedly wilfully barring information sought under the ambit of section 74 of the Evidence Act - which deals with documents that are in public domain.

The documents being sought from the authorities are related to the formation of the government which led to Eknath Shinde getting sworn as the Chief Minister of Maharashtra 14 months ago.

“I had filed the first application asking for the documents concerning the formation of the government on July 27, 2022. Since August, each of the authorities concerned has consistently denied this information on baseless grounds,” said Jadhav.

The activist states that he didn’t face any resistance in procuring similar documents submitted following the formation of Uddhav Thackeray-led government. “The documents I sought in September regarding the swearing in of Uddhav Thackeray were provided without any hassle. This raises questions on the grounds for denying access to public documents pertaining to the incumbent government,” said the activist.

The activist in his petition has not only challenged the basis on which the application was denied, but also has alleged that the Governor’s office of dereliction of its duties in maintaining proper records. “One of the reasons cited for not providing the required public documents is that the Governor is a party to judicial proceedings pertaining to the formation of the new government and all the documents are personally with him. To ascertain the authenticity of the claim, through RTI, I sought for the notes of handing over files and documents to the Governor and there were no records whatsoever. This amounts to dereliction of duties by officers entrusted with keeping the records ,” he said.

In the petition, the activist has sought a directive from HC to government officials to provide the information sought. “The details sought and the legal proceedings have no connection. Therefore there can be no contempt of court either. Governor is a public authority and is entitled to maintain transparency in the public interest,” said the activist.