The Ministry of home affairs (MHA) kept the government-approved scheme for setting up the Shri Ram Janmabhoomi Teerth Kshetra Trust in a "confidential file" and refused to disclose it under the RTI Act, arguing that its release could endanger the persons concerned, according to a 2024 order of the Central Information Commission (CIC).

The order relates to an RTI application filed by Neeraj Sharma, who sought certified copies of the scheme and related government orders. After receiving what he considered an unsatisfactory response from the MHA, he approached the commission.

During the hearing, the ministry argued that the information was "confidential and sensitive in nature" and that its disclosure "would somehow endanger the life of the concerned persons", denying the request under Section 8(1)(g) of the RTI Act.

Accepting the ministry's stand, then Chief Information Commissioner Heeralal Samariya held that an appropriate response had been furnished by the public information officer and that no further intervention by the commission was necessary, disposing of the appeal on June 18, 2024.

The scheme was approved by the Centre on February 5, 2020, following the Supreme Court's Ayodhya judgment. A gazette notification said it laid down provisions governing the trust's functioning and management, the powers of its trustees, construction of the temple and other incidental matters.

The MHA also told the commission that the trust is an independent and autonomous body without financial, administrative or other interference from the central or state governments, and that the Centre's role was limited to becoming the settlor of the trust in compliance with the Supreme Court's judgment.

In a separate order issued on June 4, 2024, the commission also rejected a plea to treat the trust as a public authority under the RTI Act. The MHA and the trust argued that it was neither owned, controlled, nor substantially financed by the government and had been constituted only to comply with the Supreme Court's directions.

Agreeing with their submissions, the commission held that the trust had been created through a trust deed pursuant to the apex court's directions rather than by a government notification.