New Delhi: The Delhi High Court on Monday dismissed a plea seeking to declare Rajiv Gandhi Foundation as a 'public authority' under the Right to Information Act. Justice Swarana Kanta dismissed the 2011 petition, noting that the petitioner did not appear for several dates.
Under the RTI Act, every public authority has to maintain all its records and justify and explain decisions. If an organisation is declared a public authority, it becomes subject to transparency and disclosure obligations under the Act.
The petition was filed by Shanmuga Patro, a Delhi-based lawyer, challenging an October 15, 2010, order of the Chief Information Commission (CIC) that dismissed his plea, saying the foundation was not a public authority.
The high court had earlier asked the Rajiv Gandhi Foundation (RGF) to place on record its annual audited accounts to decide whether the organisation comes under the ambit of the RTI Act.
It had directed RGF, the organisation working for the welfare of the under-privileged, to file its audited accounts year-wise right from its inception till 2010-2011.
According to the petitioner, the foundation had been receiving funds from the government and was engaged in large-scale public activities, and by virtue of such activities had assumed the character of a public authority.
Patro had filed an application under the Right to Information (RTI) Act seeking a copy of the Constitution of RGF, a copy of the updated bye-laws and rules and regulations of the foundation and a copy of the documents showing its organisational structure.
In 2009, RGF had denied the information to Patro on the ground that the foundation was not a public authority.
RGF's counsel claimed that the foundation was not set up through a notification or a government and, therefore, is not a public authority.
He also said the foundation had received only four per cent funding from the government, "insignificant" compared to the overall budget of RGF, and hence, it does not fall under the purview of Section 2(h) of the RTI Act.
