Accounts of games open to public: HC

The accounts of the Indian Olympic Association ( IOA) and the Commonwealth Games Organising Committee ( CGOC) will be open for public scrutiny under the RTI Act.

The Delhi High Court on Thursday said information on them could not be kept under wraps. The judgement is a rebuff to Suresh Kalmadi's efforts - he leads the two bodies - to keep them out of the ambit of the Act.

With the two organisations attempting to stall steps to open their accounts for public scrutiny, Justice S. Ravindra Bhat said, " The crucial role of access to information here cannot be understated." The court said the IOA and the CGOC received substantial funds from the government and were accordingly bound to furnish information about them under the RTI Act.

Justice Bhat pointed out that the IOA received substantial funds from the government and depended heavily on them.

" Without such funding, the IOA would perhaps not be able to work effectively. Taking into consideration all these factors, it is held that the IOA is a ' public authority' under the meaning of that expression under the ( RTI) Act," he said.

The development puts an end to the standoff between the two bodies and the sports ministry on the issue - the government wanted the accounts to be up for scrutiny.

The judge took note of the argument that the two bodies were not under the control of the government. He said to ensure transparency and to make democracy " responsive and meaningful", these non- state actors may have to take the responsibility of " disclosing information which would be useful and necessary for the people they serve". This, he said, furthered the process of empowerment.

The IOA had approached the high court against a Central Information Commission ( CIC) order holding that the sports body discharged a public function and came within the ambit of the RTI Act.

The CGOC, on the other hand, had moved the high court after the sports ministry asked it to disclose payments made to actors Aishwarya Rai and Saif Ali Khan and others for taking them to Australia for the Commonwealth Games ceremony in 2006. The ministry had the sought information in order to respond to an RTI query in the matter.

The high court decided to hear together the petitions by the IOA, CGOC and a school that had made similar claims.

The CGOC had claimed that there was no direct or indirect control over it by the government. The government also did not fund it to manage the day- to- day affairs or to run the office, the committee said.

However, the sports ministry submitted that these claims had no basis as the committee had received substantial funds from it and owed its birth to it.

The high court also rejected the IOA contention that it was not answerable to the people because it was not a public authority under the control of the government.

" It is the national face of the Olympic movement in India. Its word determines the fate of the sport and the sportspersons who are to attend and participate in Olympic events," Justice Bhat observed.

He pointed out that the IOA gave affiliation to and recognised sports bodies. " Its approval is essential for any sport in India." The games committee, on its part, argued that it had an autonomous administration and the government had no role in it. Belittling the role of the government, it said the involvement of the Centre and the Delhi government was only to popularise the 2010 Commonwealth Games.

The government rebutted this and said the committee depended on its funds and had already been committed Rs 767 crore as advance to prepare for the event.

Responding to the contention that the government was merely acting like a bank to give loan to the committee, the Centre said it could not be treated as a financier because it had provided a substantial amount without any security to an organisation without any assets.

The Centre dismissed the CGOC's claim that it would generate funds on its own. It pointed out that the Delhi government, the Sports Authority of India and the DDA would provide infrastructure without any user charges for the Commonwealth Games. But, this will generate revenue for the committee. Besides, the staff of the committee is paid from its account, which is entirely funded by the government, the Centre said.

Refuting the charge that it was encroaching upon the role and responsibility of the committee, the government said it only intended to ensure accountability of the committee to the public exchequer.

Taking exception to the fact that the CGOC had approached the court against its decision, the government went on to request the court to levy exemplary costs on the committee.

Taking note of the submissions of the government, Justice Bhat said in his 57- page judgment that the funds provided by the Centre were not an ordinary loan transaction. " In these circumstances, the court concludes that the financing or funding of the games committee, concededly a nongovernmental organisation, is substantial; it is therefore, a public authority, within the meaning of Section 2( h) of the Act," he said.