The petition, filed by Neeraj Kumar, challenged a Central Information Commission order dated July 8, 2022, which had refused to disclose details about the trust's Chief Public Information Officer and First Appellate Authority. Kumar had previously submitted an RTI application to the Ministry of Home Affairs in July 2022, seeking similar information. The MHA denied the request, asserting that the trust does not qualify as a public authority since it is neither owned, controlled, nor funded by the Government of India.
The Shri Ram Janmabhoomi Teerth Kshetra Trust was established by the Union government in February 2020 to oversee the construction and management of the Ram Temple in Ayodhya, following a Supreme Court directive. Despite its governmental origins, the trust operates independently, which has been central to arguments against its classification as a public authority under the RTI Act.
In a related legal development, the Delhi High Court set aside a CIC order that had directed the Central Board of Direct Taxes to disclose information regarding tax exemptions or deductions sought by the trust. The court emphasized that information pertaining to an assessee is protected under Section 138 of the Income Tax Act, 1961, and cannot be disclosed under the RTI Act without the requisite authorization. The judgment, delivered by Justice Subramonium Prasad on February 28, 2024, highlighted that the appropriate channel for seeking such information is through the mechanisms provided within the Income Tax Act.
These judicial decisions underscore the nuanced interpretation of what constitutes a public authority under the RTI Act. The Act defines a public authority as any body established by the government or substantially financed by it. However, the degree of governmental control and funding necessary for such a designation remains a point of legal contention.
Advocates for transparency argue that entities like the Shri Ram Janmabhoomi Teerth Kshetra Trust, given their significant public functions and the substantial public interest in their activities, should be subject to RTI provisions. They contend that such classification would promote accountability, especially considering the trust's role in managing large sums of public donations for the temple's construction.
Conversely, opponents assert that imposing RTI obligations on such trusts could infringe upon their autonomy and deter private entities from undertaking public-spirited initiatives. They emphasize the importance of maintaining a clear distinction between government bodies and private trusts, even when the latter are involved in projects of national significance.
The debate over the trust's status under the RTI Act reflects broader discussions about transparency and accountability in institutions that, while not strictly governmental, perform functions that affect the public. As the legal landscape evolves, these cases may set important precedents for how similar entities are treated under transparency laws in the future.
The Shri Ram Janmabhoomi Teerth Kshetra Trust continues its work on the Ram Temple in Ayodhya, a project that has garnered significant public attention and support. As of January 2024, the trust disclosed that it had received donations amounting to approximately ₹3,500 crore since its inception. The temple's construction is progressing, with major milestones being achieved as per the project's timeline.