The Delhi High Court on Friday declined to entertain a petition seeking to classify the Shri Ram Janmbhoomi Teerth Kshetra Trust as a public authority under the Right to Information (RTI) Act.
The petition, filed by Neeraj Kumar, challenged the Central Information Commission’s (CIC) decision dated July 8, 2022, which had denied the disclosure of information regarding the Trust’s Chief Public Information Officer (CPIO) and First Appellate Authority.
Petitioner’s Arguments
Kumar, represented by lawyer Prashant Bhushan, argued that the Shri Ram Janmbhoomi Teerth Kshetra Trust should be declared a public authority under the RTI Act. He also pointed out that his RTI request to the Ministry of Home Affairs (MHA) in July 2022 had been denied on similar grounds.
The MHA had asserted that the Trust is not owned, controlled, or funded by the Government of India and thus does not fall under the scope of a public authority as defined by the RTI Act.
Respondents’ Position
The Ministry of Home Affairs and the Shri Ram Janmbhoomi Teerth Kshetra Trust opposed the petition. Senior advocates Chetan Sharma (Additional Solicitor General) and Nishant Gautam (Central Government Standing Counsel) argued that the Trust operates as an autonomous entity and should not be classified as a public authority.
Court’s Decision
After hearing extensive arguments from both sides, the bench led by Justice Sanjeev Narula chose not to intervene directly in the matter. Instead, the court directed the parties to present their cases before the CIC for further consideration.
The court emphasized that it would not overturn the CIC’s earlier decision but provided an avenue for the petitioner to pursue the issue within the appropriate forum.
This judgment underscores the ongoing debate about the classification of autonomous entities and their accountability under the RTI Act, leaving the final decision on the matter to the Central Information Commission.