Supreme Court Stays Kerala HC Order on Cochin Airport's RTI Status
The Supreme Court has issued a stay on a Kerala High Court order that had classified Cochin International Airport Limited (CIAL) as a public authority under the Right to Information (RTI) Act, 2005. CIAL argued that it's not a public authority as it wasn't created by an act of Parliament and doesn't receive government funding. The stay order temporarily exempts CIAL from RTI Act obligations, including appointing a Public Information Officer and disclosing information. The case highlights ongoing debates about the RTI Act's scope and application to entities with complex ownership structures.
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The Supreme Court has issued a stay on a Kerala High Court order that had classified Cochin International Airport Limited (CIAL) as a public authority under the Right to Information (RTI) Act, 2005. This development marks a significant turn in the ongoing legal debate over the airport's transparency obligations.
Supreme Court Intervention
A bench comprising Justices Vikram Nath and Sandeep Mehta heard an appeal filed by the airport authorities challenging the Kerala High Court's ruling from August 5. The high court had previously upheld decisions by a single judge bench and the State Information Commission, which had determined that CIAL must comply with the provisions of the RTI Act.
CIAL's Legal Stance
The legal counsel representing Cochin International Airport Limited presented arguments against the high court's decision. They contended that CIAL is a company incorporated under the Companies Act and does not fall under the category of public authorities as defined by the RTI Act. The airport's representatives emphasized two key points:
- CIAL was not created by an act of Parliament.
- The airport does not receive government funding.
Implications of the Stay Order
The Supreme Court's decision to stay the Kerala High Court order has significant implications:
- Temporary Relief: CIAL is temporarily exempt from the obligations imposed by the RTI Act, pending further legal proceedings.
- Appointment of Public Information Officer: The requirement to appoint a Public Information Officer, as mandated by the RTI Act, is now on hold.
- Information Disclosure: The airport is not currently obligated to disclose information under the RTI Act as previously ordered.
Background of the Case
The legal journey of this case has been complex:
- The State Information Commission initially ruled that CIAL falls under the RTI Act's purview.
- A single judge bench of the Kerala High Court upheld this decision.
- The division bench of the Kerala High Court subsequently confirmed these rulings on August 5.
Looking Ahead
The Supreme Court's stay order is a temporary measure. The final verdict on whether Cochin International Airport Limited will be classified as a public authority under the RTI Act remains to be seen. This case highlights the ongoing debates surrounding the scope of the RTI Act and its application to entities with complex ownership structures.
As the legal proceedings continue, stakeholders in both the aviation and public information sectors will be closely watching the outcome, which could have broader implications for similar entities across India.
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