Hyderabad Cricket Association declines to respond to RTI query

Times of India: Hyderabad: Thursday, March 27, 2014.

The state information commission is all set to recommend to the state government to take appropriate action against the Hyderabad Cricket Association (HCA) for refusal to give replies to queries under the Right to information (RTI) Act.

HCA in reply to a question on land allotments and incentives it received from the state government, argued that it was a registered society and, hence, did not come under the ambit of the RTI Act.

Using the powers conferred on it as that of civil court under section 18 (1) of the RTI court, the state government summoned HCA twice, in December 2013 and February this year. In the first instance, the HCA advocate attended the hearing while in the second case, neither the representative nor the advocate turned up for the hearing. "Although HCA says that it does not come under the purview of RTI Act, there are many precedents in the county where the courts have categorically stated that sports associations come under the RTI" information commissioner P Vijaybabu told TOI.

Under normal circumstances, the commissonarate will impose a maximum penalty of Rs 25,000 to the organizations which don't provide information under RTI. But under section 20, 25 of the RTI Act, it can recommend proper action. Although this provision has not been used so far by the state information commission, it is planning to do so against HCA. "Sports associations certainly come under RTI, they cannot escape the liability" said D Rakesh, an information activist.

The state information commissonarate is of the view that under section 2(h) of the RTI act, a non-government organization substantially financed, directly or indirectly by funds provided by the government are described as public authority under the RTI act.

Earlier, the Punjab and Haryana High Court upheld the decision of the Punjab state information commission which ruled out that the Punjab cricket association should be covered by RTI. The Supreme Court upheld the Kerala High court decision which designated members of Kerala Cricket association as "public servants".