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11. Like the IOA, the Games Committee asserts that it is an autonomous and independent society, having no connection with the Central Government or any statutory body. The Commonwealth Games, 2010 was allotted to the IOA by the Commonwealth Games Federation by a resolution of its General Assembly in Jamaica. To effectuate this, the IOA signed a host city agreement dated 13.11.2007 to which the Commonwealth Games Federation, the IOA, the Central Government and the Govt. of NCT of Delhi were parties and signatories. It is contended that the role and duty of each party as well as their obligations are set-out in detail in that contract. The Games Committee states that sometime in April-May 2007, the applicant, i.e. Team One Network Communications approached it under the Act, seeking some information. The Games Committee refused to entertain the application under the Act, stating that it was not a public authority. Team One ("the information applicant") then approached the Central Government, which, by its WP(C) Nos. 876/2007, 1212/2007 & 1161/2008 Page 9 letter, dated 29.05.2007 wrote to the Games Committee, stating that it is governed by the provisions of the Act, and enumerated the following reasons:

(1) That the Games Committee had entered into a "Host-city" contract (hereafter "the contract") to which the Central Government was one of the signatories;
(2) Decisions pertaining to appointment of Chairperson and composition of the Games Committee Society were taken by a Group of Ministers (GoM) set-up by the Central Government, which is providing substantial upfront funds and has also undertaken to meet the shortfall between revenue and expenditure of the Games Committee.

This letter was responded by the Games Committee on 20.06.2007, contesting each reason and further arguing that it was not covered by the Act and that it was not a public authority. As regards its creation, the Games Committee relied upon Article 27(C) of the Constitution of the Commonwealth Games Federation and the Resolution dated 01.11.2004 by the General Assembly of the IOA, (which is, in turn, an autonomous body and an affiliate of the International Olympic Committee). The Games Committee also relies upon the IOA‟s arguments that the latter is autonomous and is only subjected to control by the International Olympic Committee.

13. The Committee also relies upon other Articles or provisions of the Contract, to say that Article 3, which lists the role, responsibility of the respondent, does not authorize it to constitute it and, rather emphasizes that the Central Government has to provide the WP(C) Nos. 876/2007, 1212/2007 & 1161/2008 Page 10 support to the Committee, and the IOA in the manner provided in the Host City Contract. It is said that Article 3 of the Host City Contract does not place any responsibility on the respondent in terms of establishing, managing, supervising or being accountable for acts of the petitioner in any manner. The Committee submits that as owner of the Games, the contract binds it and IOA only for the organization and conduct of the Games.

14. It is also stated that the Host City Contract is very particular in providing separate roles and responsibilities on each of the signatories‟ vis-à-vis the organization of the Games without altering or diluting their respective basic character or legal status and it nowhere empowers the respondent to encroach upon the field specifically reserved for the Games Committee. It is thus submitted that the Games Committee is completely autonomous in its role and functioning. The responsibilities of the Central Government under Article 3 of the Host-city contract do not empower it to constitute the Committee; it is emphasized that it has to provide support as agreed upon.