The Delhi High Court on Monday (August 17, 2026) dismissed a 2011 petition seeking to bring the Rajiv Gandhi Foundation (RGF) within the ambit of the Right to Information Act, observing that the petitioner had failed to appear before the court on several dates.

Justice Swarana Kanta dismissed the petition filed by Delhi-based lawyer Shanmuga Patro, who had challenged an October 15, 2010 order of the Central Information Commission holding that the foundation did not qualify as a “public authority” under the RTI Act.

The issue centred on whether RGF could be treated as a public authority and consequently be required to meet the transparency and disclosure obligations prescribed under the RTI law.

Mr. Patro had first approached RGF under the RTI Act seeking its constitution, updated by-laws and rules and regulations, as well as documents relating to its organisational structure. The foundation declined to provide the information in 2009, maintaining that it was not a public authority.

He had argued that RGF had received government funding and was involved in extensive public activities, giving it the character of a public authority under the RTI Act.

During the proceedings, the High Court had directed RGF to place its annual audited accounts on record. The foundation was asked to submit year-wise audited accounts from its inception up to 2010-11 to assist the court in determining whether it fell within the scope of the RTI Act.

RGF, however, maintained that it had not been created through a government notification and was not established by the government. Its counsel also argued that government funding accounted for only about four per cent of the foundation’s overall funding and was therefore insignificant for the purposes of Section 2(h) of the RTI Act.

Published - August 17, 2026 08:53 pm IST