The name of CPIO and FAA of Shri Ram Janmbhoomi Teerth Kshetra Trust were denied by MHA claiming that it is an autonomous organisation - CIC: Reply is not in consonance with RTI Act; Re-examine the RTI application and provide a revised point wise response

ORDER

The Complainant/Appellant filed RTI applications dated 19.01.2021 & 20.01.2021 seeking information on the following 02 points:-

1. Please provide the details of the CPIO and FAA of the public authority “Shri Ram Janmbhoomi Teerth Kshetra Trust” created by notification CG-DL-E-05022020-215935 dated 5^th Feb 2020 by Government of India. According to RTI section 5, CPIO and FAA should have been appointed within 100 days.
2. Please also update the details of the CPIO and FAA of the public authority “Shri Ram Janmbhoomi Teerth Kshetra Trust” on the website https://srjbtkshetra.org

The CPIO/Director (NI) vide letter dated 28.01.2021 replied to the RTI Application dated 19.01.2021 stating as under:

This is to inform you that the undersigned is the CPIO in respect of Ayodhya section of JKL division of the Ministry of Home Affairs. It is to further mention here that the Shri Ram Janmbhoomi Teerth Kshetra Trust has been constituted by the Government of India as per the directions of the Hon’ble Supreme Court given in the judgment dated 09.11.2019 in CA No 10866-67 of 2010 vide notification dated 05.05.2020. The said trust is an autonomous organisation /body.

Dissatisfied with the response received from the CPIO, the Complainant /Appellant filed a first appeal dated 24.02.2021. The FAA/Jt. Secretary (JKL) vide order dated 08.03.2021 upheld the reply of the CPIO.

Aggrieved and dissatisfied, the Complainant approached the Commission with the instant Complaint/Appellant.

Facts emerging in Course of Hearing:

A written submission has been received from CPIO, MHA, JKL Division/Ayodhya Section vide letter dated 30.06.2022 reiterating the response dated 28.01.2021 sent by the PIO.

Hearing was scheduled through virtual means after giving prior notice to both the parties. Both parties are present for hearing held through video conference and submitted their respective contentions. The Appellant was represented by his advocate who referred to the decision dated 15.04.2010 of the Delhi High Court in the case of National Stock Exchange of India Ltd. vs. Central Information Commission & Ors. placing reliance on the following:

“...21. The word ‘constituted' is wider than the word ‘established'. The word constituted' in 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; “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; “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; “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 Act not only refers to the first act/acts by which a body or organization is set up but a subsequent act or acts which will have the effect of conferring on an organization or a body, a special status and constitute a body' with status of an authority' or institution of a self-government' for the purpose 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; “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; “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; “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 Act. A private institution or a body may be incorporated or formed by acts of private persons but subsequent statutory enactment or an order or notification issued by the appropriate Government can result in constitution and conferring upon the said body, status of an authority' or an institution of self-government'. For example, a private or a public company upon incorporation may be a body but not an authority' or institution of self-government' but subsequently a enactment, order or notification can result in its constitution as an authority' or institution of self-government' which was not in existence till the enactment, notification or order was made. An organisation in existence can be constituted' or established' as an authority' or institution of self government' by a subsequent enactment or order/notification. A private company upon its incorporation or registration does not become an authority or institution of self government' as defined above under 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; “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; “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; “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 Act, but by a subsequent enactment or order/notification issued can become an authority or institution of self government'. Thus, subsequent enactment, order or notification may have the effect of establishing or constituting an authority or institution of self government'. The word constituted, has to be liberally interpreted to include cases where an organization or a body is already set up but by virtue of a notification or order passed by appropriate Government or statutory enactment is conferred and given status of an authority' or an institution of self-government'. The words established' or constituted' have to be read in a manner so as to effectuate the legislative intent in 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; “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; “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; “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 Act...”

Respondent on the other hand reiterated the reply already furnished by them stating that the Trust was constituted pursuant to the decision of the Supreme Court and it is an autonomous body. The Appellant was informed accordingly.

Decision:

Upon perusal of the facts of the case, the Commission is of the considered opinion that the reply of the PIO is not in consonance with the provisions of the RTI Act because though information sought by the Applicant has not been provided to him, none of the provisions of the RTI Act has been cited for the tacit denial. Therefore, the reply sent by the PIO is found untenable in law.

Under the circumstances, the Commission directs Shri Harish Kumar Wadhwa, CPIO and Dy Secretary, Arms and NI/ Ayodhya, M/o Home Affairs to re-examine the RTI application and provide a revised point wise response strictly in accordance with the provisions of the RTI Act, 2005 to the Applicant within three weeks of receipt of this order. The Respondent shall submit a compliance report in this regard alongwith necessary proof of service by 31.07.2022. It is made clear that non-compliance of these directions shall attract penal action, as per law

The aforementioned cases are disposed off accordingly.

Y. K. Sinha

Chief Information Commissioner

Citation: Shri Neeraj Sharma v. Ministry of Home Affairs and Shri Ram Janmbhoomi Teerth Kshetra Trust in Second Appeal No. CIC/MHOME/C/2021/606547 CIC/MHOME/A/2021/609248 CIC/MHOME/C/2021/612823 CIC/MHOME/A/2021/625152, Date of Decision: 08.07.2022