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

Team SoOLEGAL 25 Jan 2023 12:28pm

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

New Delhi: On Monday, i.e 23rd Janauary 2023, the Supreme Court declined to intervene in a Kerala High Court (Division Bench) ruling that stayed the effect of a Single Bench order that held the Cochin International Airport Ltd. to be a public authority fall under the Right to Information Act, 2005(RTI  Act).

A Bench of Justices of Dinesh Maheshwari and Hrishikesh Roy was hearing the petition which was  filed by MR Ajayan, the editor of Green Kerala News and ordered that “we do not find any reason to entertain this 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”.

Last Year, in December 2022, the Kerala High Court decided that Cochin International Airport (CIAL) is a public authority under the RTI Act, upholding the State Information Commission's decision.

According to Justice Amit Rawal, the aim and objectives of the CIAL, when combined with the provisions of Articles 95 and 125 of the Articles of Association, lead to the inevitable conclusion that the Kerala Government has "deep and pervasive control" over the company. Also, a Special Leave Petition (SLP) was filed in the High Court before a Division Bench to challenge this and on 30th December 2022 , the bench issued an interim injunction staying the Single Judge's order. CIAL argued in its appeal that it was not a public authority as defined under the RTI Act because it was not substantially funded by the State government.



Tagged: Supreme Court   Refuses  
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