The Supreme Court on August 26 stayed a Kerala High Court ruling that had 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 order delivered on August 5. The counsel representing CIAL argued that the company was incorporated under the Companies Act, not established by any Act of Parliament, and does not receive direct government funding. On this basis, he submitted that CIAL should not fall within the ambit of the RTI Act
The Kerala High Court had earlier upheld the findings of a single-judge bench and the State Information Commission (SIC), which had ruled that CIAL qualifies as a public authority under Section 2(h)(d)(i) of the RTI Act. This section brings within its scope anybody substantially controlled by the government.
The High Court, in its August 5 order, noted that the SIC’s directive issued on June 20, 2019, was valid. It had directed CIAL to disclose information under the RTI framework, appoint a Public Information Officer, and comply with statutory obligations.
With the Supreme Court’s intervention, the High Court ruling will remain on hold until further hearings. The decision on whether CIAL comes under the RTI Act is now pending before the top court.