Delhi High Court dismisses plea to bring Rajiv Gandhi Foundation under RTI Act

The Delhi High Court on Monday dismissed a plea to declare the Rajiv Gandhi Foundation (RGF) a “public authority” under the Right to Information Act (RTI Act). 

If an organisation is declared a public authority, it becomes legally subject to transparency and disclosure obligations under the RTI Act. 

Justice Swarana Kanta Sharma today rejected the plea filed in 2011 by a lawyer named Shanmuga Patro. The Court noted that the petitioner had failed to appear before the Court on the last several dates. 

Patro approached the High Court against a 2010 order of the Central Information Commission (CIC) refusing to declare the Rajiv Gandhi Foundation a “public authority”. He argued that the RGF’s activities directly affect the public and that it should be brought within the ambit of the RTI Act.

According to the petition, the Foundation was established following the demise of former Prime Minister Rajiv Gandhi in 1991 after the then Vice-President appealed to the public to contribute towards causes advocated by him. Its formation was subsequently announced in the 1991-92 Union Budget.

“Based on similar appeals (in the interests of India) made by the first Prime Minister of India (late Pandit Jawaharlal Nehru) Prime Minister's National Relief Fund and National Defense Fund were constituted. Both these funds despite not receiving any grant whatsoever from Government have been accepted to be "Public Authorities" under RTI Act by Government of India / PMO,” the plea stated. 

The petitioner argued that RGF enjoys several benefits and concessions from the government, including a plot measuring 9,319.42 square yards, along with a building at Rajendra Prasad Road in New Delhi, without paying licence fee or property tax.

Patro had earlier approached the CIC under Section 18 of the RTI Act seeking an inquiry into the Foundation’s activities. The same came to be rejected.

The plea before the High Court alleged that the proceedings before CIC were conducted summarily and that relevant material submitted by the Foundation was not supplied to him. 

Central Government Standing Counsel (CGSC) Jagdish Chandra Solanki appeared for the CIC.

Rajiv Gandhi Foundation was represented through Advocate Sumant De.