INDIAN OLYMPIC ASSOCIATION Vs. VEERESH MALIK

JUDGEMENT

(1.) The present judgment will dispose of three writ petitions filed by the Indian Olympic Association (the petitioner in W.P. 876/2007, hereafter referred to as "the IOA"), the Sanskriti School, petitioner in W.P. 1212/2007, (hereafter referred to as "the school") and the Organizing Committee of the Commonwealth Games, 2010, Delhi (petitioner in W.P. 1161/2008, hereafter referred to as "the Games Committee"). The common question involved is as to the applicability of the Right to Information Act (hereafter referred to as "the Act"), with broad reference to whether the writ petitioners are "Public Authorit(ies)" within the meaning of the term under Section 2(h) of the said Act.

(2.) Briefly the facts of the case in W.P. 876/2007, filed by the IOA are that the IOA is the apex body in the field of Olympic sports in the country and a society registered under the Indian laws. It is an autonomous body controlled and supervised by the International Olympic Committee. The first respondent applied for information from the Central Government, addressing a letter to the Central Public Information Officer (CPIO), seeking particulars relating to the hierarchy of the authorities set-up under the Act, status of the latest audited accounts of the IOA for the years 2004-05, 2005-06 and all particulars of expenses incurred by the IOA in connection with the visits by anyone to Melbourne or any other destination in connection with the Commonwealth Games, from 1st January, 2006 to 15th April, 2006. Not receiving the reply of the kind he expected, the first respondent/information applicant approached the third respondent (referred to as "the CIC") with a complaint. The petitioner, and second respondent (referred to as "the Central Government"), made submissions as to the maintainability of the proceedings before the CIC.

(3.) The petitioner contends that it is completely autonomous from the governmental authorities and relies upon specific provisions of the Olympic Charter, particularly, Chapter 4, which defines the mission and role of National Olympic Committees; Clauses- 31(3); (4)(1); 8(1)(1.1)(1.2); Clause 32(4)(7), 7.1, 7.2, 7.3, 7.4, 7.5, 7.6 and 9.4. It is contended that a composite reading of these conditions, which are uniformly applicable to all National Olympic Committees, such as the IOA reveal that every such National Olympic Committee is autonomous and has to guard its independence from any attempts to control its functioning or against any attempts at imposing outside regulatory measures. The said provisions, relied upon, read as follows: