Delhi High Court dismisses RTI plea against Rajiv Gandhi Foundation

Justice Swarana Kanta on August 17 dismissed a long-running petition that sought to bring the Rajiv Gandhi Foundation (RGF) under the Right to Information Act.

Delhi-based lawyer Shanmuga Patro had challenged a Central Information Commission order dated October 15, 2010, which held that RGF was not a “public authority” under the law. The court noted that Patro had failed to appear on several dates.

Patro had sought the foundation’s constitution, updated by-laws, rules and regulations, and documents on its organisational structure. RGF declined the request in 2009, maintaining that it was not covered by the RTI Act.

The petition argued that government funding and the foundation’s public activities brought it within the law’s disclosure requirements. During the proceedings, the High Court directed RGF to submit year-wise audited accounts from its inception through 2010-11.

RGF maintained that it was neither created through a government notification nor established by the government. Its counsel said government funding made up about 4% of its overall funding, which it argued was insufficient under Section 2(h) of the RTI Act.