Air Force Sports Complex Not A ‘Public Authority’ Under RTI Act: Delhi High Court

The Hon’ble Delhi High Court has held that the Air Force Sports Complex (AFSC) does not meet the criteria to be classified as a ‘public authority’ under Section 2(h) of the Right to Information (RTI) Act. The observation was made in an appeal filed by AFSC, a private body established for the fitness, health, and recreation of Air Force personnel.

The appeal was against the Central Information Commission’s decision to conclude that the AFSC was a ‘public authority’ under Section 2(h)(d)(i) of the RTI Act and further directed the appointment of a Public Information Officer and a First Appellate Authority. The matter originated from an RTI filed by a retired Air Force officer seeking information regarding the alleged misuse and commercial exploitation of lands under the AFSC, Air Force Station, New Delhi.

The High Court held that the entity is not a ‘Public Authority’ for the RTI Act since it is not owned or established by the government. Further, there is no deep and pervasive governmental control over AFSC’s management or policies, and neither does AFSC perform public functions/duties, as its services are limited to a specific group and do not serve the public at large. Moreover, AFSC does not receive significant government funding essential for its operations, and the use of government land does not constitute substantial financing.