Delhi High Court Asks CIC To Decide If 'Ram Janmbhoomi Teerth Kshetra' Trust Is Public Authority Under RTI Act

The Delhi High Court has directed the Central Information Commission (CIC) to decide whether “Shri Ram Janmbhoomi Teerth Kshetra” trust is a public authority under Section 2(h) of the Right to Information Act, 2005.Justice Sanjeev Narula directed the CIC to decide the question after affording opportunity of hearing to the RTI applicant Neeraj Sharma as well as the Public Information Officer (PIO) of Union Ministry of Home Affairs, as expeditiously as possible.In response to Sharma's RTI application, the MHA informed him that the Trust was constituted by the Central Government in compliance with the directions of the Supreme Court ruling in Ram Janmabhumi Temple case. He was also informed that the trust was an autonomous organisation or body.On not finding the response satisfactory, Sharma filed first appeal. However, no positive response was received by him after which he filed a second appeal before CIC. On July 08 last year, the CIC rejected the PIO's response observing that it was not satisfactory. The CIC directed the CPIO of MHA to re-examine Sharma's RTI application and provide a revised point wise response to him. A communication was then issued by MHA stating that the Trust is neither owned, controlled nor financed by Government of India and is an independent and autonomous organization itself. The MHA said that the Trust does not fall within the definition of public authority under the RTI Act and thus, the RTI applications could not be transferred to the Trust. Sharma again moved CIC but his complaint was returned. Accordingly, Sharma moved High Court challenging the order passed by CIC on July 08 last year as well as MHA's communication on the Trust in question. Disposing of the plea, the Court noted that the question raised in the matter as to whether the Trust can be considered as a public authority or not was not adjudicated by the CIC. “In these circumstances, in the opinion of the Court, this question should be first deliberated before the CIC. Accordingly…the CIC shall consider and decide the question as to whether the Trust named “Shri Ram Janmbhoomi Teerth Kshetra” is a public authority under Section 2(h) of the RTI Act, 2005,” the Court said. Title: NEERAJ SHARMA v. PIO MINISTRY OF HOME AFFAIRS JKL DIV AYODHYA SECTION AND ANR.Citation: 2025 LiveLaw (Del) 124Click here to read order

Delhi High Court Asks CIC To Decide If 'Ram Janmbhoomi Teerth Kshetra' Trust Is Public Authority Under RTI Act

Nupur Thapliyal

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