The Delhi High Court on Friday directed RTI applicant Neeraj Sharma to approach the Central Information Commission (CIC) to resolve his query regarding the status of the ‘Shri Ram Janmbhoomi Teerth Kshetra’ as a ‘public authority’ under the Right to Information Act.
Sharma, in his application, questioned whether the trust, set up following a Supreme Court directive and notified by the central government, should be considered a public authority due to its significant public functions and oversight. His request for details about the trust’s Central Public Information Officers and First Appellate Authority had been previously dismissed by the CIC, prompting further judicial intervention.
In the proceedings, the petitioner’s counsel argued that the trust, by virtue of its formation and the nature of its duties, falls under the RTI Act’s ambit. However, the Ministry of Home Affairs (MHA) has maintained that the trust is autonomous and not controlled or financed by the Government of India, thereby placing it outside the definition of “public authority.”
Justice Sanjeen Narula suggested that the issue warranted a judicial review by the CIC itself rather than a direct judgment from the High Court. The court’s oral observation hinted at a procedural approach to ensure the matter is assessed thoroughly at the appropriate forum.
Additional Solicitor General Chetan Sharma, representing the MHA, expressed no opposition to referring the matter back to the Commission for a decisive review.
The petitioner, represented by notable advocate Prashant Bhushan, insists that the trust’s creation by the Supreme Court and its notification by the central government implicates it as a public authority, thus requiring transparency and designation of information officers as stipulated under the RTI Act.
