Delhi HC seeks copies of audited accounts of Rajiv Gandhi Foundation

Justice Rajiv Shakdher of the Delhi High Court has directed the Rajiv Gandhi Foundation (RGF) to place on record its annual audited accounts right from its inception till 2010-2011 to decide whether the organization should be included within the ambit of the Right to Information (RTI) Act. The next date of hearing the matter has been fixed for November 21. The HC directed "File the annual audited accounts right from its inception till the year 2010-2011 along with a tabular statement indicating year-wise overall income of the Foundation and the component thereof received from the central as well as state governments or the instrumentalities thereof,",

The Delhi High Court was hearing the plea of a Delhi-based lawyer, Mr. Shanmuga Patro, who challenged the order of the Central Information Commission (CIC) dismissing his appeal while holding that the Rajiv Gandhi Foundation is not a public authority. Earlier Mr. Patro had filed an application under the RTI Act seeking a copy of the constitution of the RGF, a copy of the updated bye-laws and rules and regulation of the Foundation and a copy of the documents showing its organizational structure. He claimed that the RGF was in receipt of funds from the government, and it is engaged in large-scale public activities and by virtue of such activities it assumes the character of a public authority. The RGF had denied the information on the ground that it was not a public authority and had received only 4% funding from the government, which is not substantial. Therefore, it is not a public authority and does not fall under the purview of Section 2(h) “public authority” means any authority or body or institution of self-government established or constituted (a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature; (d) by notification issued or order made by the appropriate Government, and includes any- (i) body owned, controlled or substantially financed; (ii) non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government; of the Right to Information (RTI) Act.