Supreme Court stays Kerala HC order declaring Cochin International Airport under RTI | Details

Supreme Court stays Kerala HC order declaring Cochin International Airport under RTI | Details

New Delhi:

The Supreme Court on Monday put on hold a Kerala High Court ruling that declared Cochin International Airport Limited (CIAL) as a public authority under the Right to Information (RTI) Act, 2005. A bench of Justices Vikram Nath and Sandeep Mehta was hearing an appeal filed by the airport authorities against the High Court's decision which was delivered on August 5. 

CIAL argues private status

During the hearing, the counsel representing the airport argued that CIAL is a company incorporated under the Companies Act. He further stated that the airport was neither established by an Act of Parliament nor financed by the government, and hence should not come under the ambit of the RTI Act.

Kerala High Court's stand on RTI applicability

Earlier, a division bench of the Kerala High Court upheld the ruling of its single-judge bench as well as the State Information Commission (SIC). Both had concluded that CIAL qualifies as a public authority under Section 2(h)(d)(i) of the RTI Act, which covers bodies substantially controlled by the government.

High Court's observations

In its order, the High Court had noted that the SIC’s findings in its June 20, 2019 directive were valid. It held that CIAL is obligated to disclose necessary information under the RTI framework, including the appointment of a Public Information Officer and fulfilling statutory obligations mandated by law.

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