The Delhi high court on Tuesday sought replies from the union government and and the Rajiv Gandhi Foundation on why the latter should not be brought under the ambit of the right to information.

The court's order came during the hearing of a petition brought by Shanmuga Patro, a supreme court advocate, after the chief information commissioner had ruled that the foundation was not a public body.

Patro's press note is given below:

Delhi High Court today (2.5.2011) issued notice to the UOI and Rajiv Gandhi Foundation why Rajiv Gandhi Foundation should not be brought under RTI Act.

This petition, filed by Shanmuga Patro, Advocate,  inter alia has sought directions to set aside of an order dated 15.10.2010 passed by Learned Chief Information Commission  whereby the Commission while accepting the fact that activities of Rajiv Gandhi Foundation directly impacts ‘we the people of India’ refused to hold and declare it as a ‘public authority’ under RTI Act.

Mr. Shanmuga in his petition stated that pursuant to unfortunate demise of Late Rajiv Gandhi in 1991 persons at helm of power such as the then Vice President, Prime Minister, Finance Minister of Government of India contemplated formation of a Trust to pursue Late Rajiv Gandhi’s goals. For this purpose the then Vice President of India made an appeal to public at large to contribute and donate for causes advocated and taken up by late Rajiv Gandhi. On the basis of such appeal and by utilizing funds received as a consequent thereto Rajiv Gandhi Foundation was formed. It's formation was declared through 1991-92 budget speech in Loksabha by the then Finance Minister, who stated that the Foundation was created for benefit of general public. Also a sum of 100 Crores were declared to be given as grant to such Foundation, which the Foundation refused to accept while stating that the same funds be utilized directly by Government by introducing projects in the name of Late Rajive Gandhi and Government in fact did that.

Based on a similar appeal (in the interests of India) made by the first Prime Minister of India (late Pandit Jawaharlal Nehru) Prime Minister’s National Relief Fund was constituted on January 24th January 1948.  And another Fund similar in nature namely National Defense Fund was constituted on 5th November 1962 at the instance of the Prime Minister of India.  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.

Since inception the Rajiv Gandhi Foundation has been using a Government allotted plot measuring 9319.42 Sq.Yds. with a palacial building thereon at Rajendra Prasad Road, New Delhi without paying any license fee, property tax etc. Reliable data supported by copies of Rajiv Gandhi Foundation’s balance sheets demonstrate that during nine years period (FY 1999-2000 and FY 2007-2008) this Foundation had total income of Rs.8,49,02,607.98, out of which grants are of Rs.31,06,859, donations are of Rs.11,03,000/-, project related income is of Rs.1,51,98,740.10, foreign contribution is of Rs.1,67,58,255.88, interest accrued is of Rs.4,87,35,753/-, which constitute 3.659%, 1.299% 17.901%, 19.73% and 57.401% respectively of the total income.  Such fund raising was made possible by Trustees of the Foundation based on its registration under Foreign Contribution (Regulation) Act, 1976 with effect from 02.08.1991, under Section 12A(a) of Income Tax Act 1961 w.e.f. 28.06.1991, under Section 80G of Income Tax Act since 1991, as Scientific and Industrial Research Organisation (SIRO) since 1997, for being exempted from payment of Customs Duty and Central Excise Duty and being notified under section 10 (23C) of the Income-Tax Act, 1961.

Mr. Shanmuga sought certain information about the Foundation through an RTI application; the Foundation in response stated that it is not a public authority under RTI Act. With such background the He sought an enquiry by Learned CIC under Section 18 of the RTI Act and for that purpose filed a complaint. That complaint was decided in a summary fashion by CIC contrary to the prescriptions of Section 18 of RTI Act and the impugned order was passed. In the process (at hearing or prior thereto) the Petitioner was not given copies of the material furnished by the Foundation and as such Principles of Natural Justice were violated.

After the impugned order was passed the Petitioner inspected CIC’s files and obtained copies of the material furnished by the Foundation (under provisions of RTI Act). At this stage the Petitioner realized that registry of the Learned Commission did not even place complete pleadings before the Learned Members (3 in numbers) who heard the matter and the Foundation violated interim orders dated 26.3.2010 passed by the Commission by furnishing incomplete and misleading information. And the CIC's order dated 15.10.2010 seems to be based on draft order prepared by some official of the Commission.

Hence Mr. Shanmuga filed petition before Delhi High Court seeking justice in public interest.