Karnataka High Court bins clubs’ pleas against ‘public authority’ tag

The Karnataka High Court on Monday dismissed the petitions filed by Bangalore Turf Club, Ladies Club, Institution of Engineers and Mysore Race Club challenging the orders of the Karnataka Information Commission (KIC) to provide information under the RTI Act.

The clubs and institutions had challenged the series of orders since 2013 for providing information under the Right to Information (RTI) Act, 2005, contending that they are not public authorities. Justice P B Bajanthri said each clause of section 2 (h) of the RTI Act, which defines “public authority”, is required to be read independently. The court relied upon two orders of the Apex Court in this regard - Association of Unified Tele Services Providers case and DAV College Trust case.

The petitioners contended that there was no government participation or control in their activities.

The court said the government necessarily need not “control” a company to determine whether it falls under the definition of “public authority.”

The court observed that each of the petitioners are beneficiaries of state largesse as is evident from KIC’s records. “To give an example, if a land in a city is given free of cost or on heavy discount to hospitals, educational institutions or such other body like a sports club, this in itself could be substantial financing,” the court said.

A senior counsel appearing for the Turf Club argued that a petition is pending before the Supreme Court on the question of ownership of the lands. The bench said that the question whether the club falls under the “public authority” can be decided subsequently if the ownership of the land is decided in the club’s favour.