CIAL is not under RTI

Supreme Court Refuses To Interfere With HC Stay On Order Saying Cochin International Airport Ltd Falls Under RTI

Case Title: MR Ajayan vs CIAL | SLP

The Supreme Court on Monday declined to interfere with a Kerala High Court order (Division Bench) staying the effect of a Single Bench order which held the Cochin International Airport Ltd. is a public authority under the Right to Information Act, 2005.

A Bench of Justices of Dinesh Maheshwari and Hrishikesh Roy was hearing a petition filed by MR Ajayan, the editor of Green Kerala News.

“Having heard learned counsel for the petitioner and having perused the material placed on record, we do not find any reason to entertain this petition under Article 136 of the Constitution of India. The petition seeking special leave to appeal is, accordingly, dismissed. All pending applications also stand disposed of”, the Division Bench ordered.

Facts

Last Year, in December, the Kerala High Court ruled that CIAL is a public authority under the RTI Act, while upholding a decision of the State Information Commission.

Justice Amit Rawal observed that the aims and object of the CIAL, read with provisions of Article 95 and 125 of the Articles of Association, lead to an irresistible conclusion that Kerala Government has a "deep and pervasive control" over the company.

Challenging this, an SLP was moved before a Division Bench of the High Court. By way of an interim order, the bench stayed the Single Judge’s order on December 30, last year. In its appeal, CIAL had contended that it was not substantially financed by the State government and therefore, it was not a public authority as defined under the RTI Act.

Challenging this interim order, a plea was preferred before the Apex Court.