CIC may reconsider exemption of BCCI from RTI Act
New Delhi: The Central Information Commission may reconsider its previous decision of exempting the Indian cricket board from the ambit of the RTI Act as it on Tuesday indicated that a larger bench may be constituted to decide on the "complex" issue of bringing BCCI under the transparency law.
The CIC in a previous order has declared that the Board of Control for Cricket in India (BCCI) is not a public authority covered under the RTI Act. However, Information Commissioner M L Sharma during a hearing said since it is a "complex" matter, if need arises, a larger bench may be considered for a decision.
The case relates to RTI applications filed by activist S C Agrawal and one Alok Varshney seeking details of working of the BCCI. In its reply, the cricket body said it does not come under the ambit of RTI Act as it is not financed by the government.
It also cited a Supreme Court order which said BCCI was not a "state" within the meaning of Article 12 of the Constitution and said even the CIC has exempted it from the RTI Act.
Challenging the arguments, counsel for petitioners Rahul Mehra said he can prove that the board received indirect funding from the government in terms of the subsidies and facilities such as stadia, a fact refuted by the BCCI counsel.
Sharma asked Mehra to present written submissions before the Commission in favour of his argument that BCCI is a public authority within the ambit of the RTI Act in three weeks.
He said BCCI will be then be asked to give its reply on the submissions and then he would decide if this can be referred to a larger bench of the panel.