HC brings Games panel, IOA, Sanskriti under RTI

HC brings Games panel, IOA, Sanskriti under RTI
Abhinav Garg / TNN, 8 January 2010, 02:29am IST
NEW DELHI: In a verdict of far reaching consequence, the Delhi High Court (HC) has considerably expanded the scope of the Right to Information Act.
Asking the Indian Olympic Association (IOA), the Commonwealth Games Organising Commitee (OC) and the upmarket Sanskriti School to shed opacity, set up an office to disseminate information and depute a public information officer (PIO), justice S Ravindra Bhat on Thursday brought them under the ambit of the transparency Act.
The move is expected to open the floodgates of pointed RTI queries directed against these three bodies, seeking information about their management, grants and administration. The judgement will have an impact in injecting accountability and answerability not just in IOC and OC, but in all sports federations.
Justice Bhat chiefly relied upon the fact that all the three non-government and autonomous organisations recieved "substantial financing'' from the central government, that is from public funds. "The RTI Act recognizes that non-state actors may have responsibilities of disclosing information which would be useful and necessary for the people they serve as it furthers the process of empowerment, assures transparency and makes democracy responsive and meaningful,'' HC observed, saying this is the reason why all the three organisations are answerable under the Act.

Justice Bhat also dismissed the argument that absence of government control over an organisation allows it relief from accountability, holding it to be irrelevant to decide whether they are a public authority or not.
The court conceded that the school and the two sports federations were autonomous and free from government control, but pointed out that for smooth functioning, these bodies were either seeking huge amounts from the government or concession of one form or other.
For example, in IOA's case the court agreed it noticed no state or public involvement in its day-to-day functioning but noted how IOA is "the national face of the Olympic movement in India..its word determines the fate of the sport and sportsmen..and its approval is essential for any sport in India to be part of the movement.''
Relying on balance sheets provided to it by the central government, the HC also reminded the association how it is funded by the government when its athletes and delegates travel anywhere in the country and abroad.
Similarly, the OC's contention it was a temporary body in existence for the limited purpose of organising the 2010 Games, failed to move the court. Instead, the judge said the central government had committed a sum of Rs 767 crore to it (out of which nearly 350 crore was paid) due to which a citizen had the right to know how its being utilized.
As regards Sanskriti School, the HC agreed with the reasoning of the Central Information Commision that on account of it recieving grants to the tune of Rs 24 crore from various central ministeries, concessional land in prime area of Delhi, it ought to be treated as a "public authority'' under the RTI Act.
All the three organisations had seperately challenged the ruling of the CIC declaring them to be under the ambit of the RTI Act.
PRIVATE BODIES?
* Sanskriti school recieved Rs 24 crore by way of grants from the HRD ministry, customs department and Reserve Bank of India.
* Union urban development ministry granted it 7.67 acre plot in Chanakyapuri at a token annual rent of Rs 2 only
* Organising Commitee of CW Games had demanded Rs 1780 crore. Govt cleared 767 crore. Rs 350 crores already paid out of public funds.
* Grants to the tune of sevral lakhs recieved by IOA from the government every year since 1995, according to audit reports show.