Delhi High Court Dismisses Plea to Bring Rajiv Gandhi Foundation Under RTI Act
The Delhi High Court on Monday dismissed a 2011 petition seeking to bring the Rajiv Gandhi Foundation under the ambit of the Right to Information Act, noting that the petitioner had failed to appear before the court on multiple scheduled dates.
Justice Swarana Kanta dismissed the plea filed by Delhi-based advocate Shanmuga Patro. The petition had challenged an order passed on October 15, 2010, by the Central Information Commission, which ruled that the foundation did not qualify as a “public authority” under the RTI Act.
The central issue in the case concerned whether the Rajiv Gandhi Foundation could be treated as a public authority and consequently be required to meet the transparency and disclosure obligations prescribed under the RTI law.
The dispute began when Mr. Patro approached the foundation under the transparency law seeking copies of its constitution, updated by-laws, rules and regulations, and documents relating to its organisational structure. The foundation declined to share the requested information in 2009, maintaining that it did not constitute a public authority.
In his challenge, Mr. Patro argued that the foundation had received government funding and engaged in extensive public activities, which gave it the character of a public authority under the statute.
During the proceedings, the High Court had directed the foundation to place its annual audited accounts on record. The organisation was asked to submit year-wise audited accounts from its inception up to the 2010-11 financial year to assist the court in determining whether it fell within the statutory scope of the RTI Act.
The foundation maintained throughout the proceedings that it had not been established by the government or created through a government notification. Its counsel also argued that government assistance accounted for only about four per cent of its overall funding and was therefore insignificant for the purposes of Section 2(h) of the RTI Act.
