Cochin International Airport is now subject to the Right to Information Act, according to a ruling by the Kerala High Court.
Cochin International Airport Limited (CIAL) Now a Public Authority Under RTI Act
In a landmark decision, the Kerala High Court has declared the Cochin International Airport Limited (CIAL) as a 'public authority' under Section 2(h)(d)(i) of the Right to Information Act (RTI Act), 2005. This ruling sets a significant precedent for other airports in India to be declared as public authorities under the RTI Act.
The decision, made by a Division Bench of Justices S.A. Dharmadhikari and Syam Kumar V.M., upholds earlier rulings by a single judge and the State Information Commission (SIC). The court affirmed the SIC's 2019 order requiring CIAL to divulge necessary information complying with statutory obligations under the RTI Act.
The judgment emphasized that all criteria for being a ‘public authority’ under the RTI Act are satisfied by CIAL, making it subject to the Act's provisions and duties. Consequently, CIAL is legally obligated to disclose information under the RTI Act, including appointing a Public Information Officer (PIO) and responding to RTI requests from the public.
The court directed CIAL to take all necessary steps to achieve full compliance with the RTI Act within 15 days and file a compliance report before the Court. The ruling highlights that CIAL must ensure transparency and timely information disclosure as per Sections 2(h)(d)(i) and 6 of the RTI Act, mandating public access to various categories of information.
This case marks a significant interpretation of the RTI Act, extending its reach to CIAL as a statutory corporate entity performing public functions. The declaration of CIAL as a public authority under the RTI Act is expected to enhance the public's right to access information related to the functioning of airports. The decision is likely to increase the accountability of CIAL and other airports in India towards the public.
The judgment was delivered by Justice SA Dharmadhikari and Justice Syam Kumar VM in the case [M/S Cochin International Airport Limited v. The State Information Commission & Anr. and connected cases]. The declaration was made by the Kerala High Court in the same case. The decision of the Kerala High Court reinforces the principle of 'Right to Information' as a fundamental right of citizens in a democratic society.
With this ruling, citizens now have the right to seek and receive information from CIAL, promoting transparency and accountability in the operations of the airport. The decision is a step towards ensuring that public institutions, including airports, operate with integrity and openness, fostering a more informed and engaged citizenry.
[1] Live Law (2022). Cochin International Airport Limited v. The State Information Commission & Anr. and connected cases. Available at: https://www.livelaw.in/top-stories/kerala-hc-declares-cochin-international-airport-limited-cial-as-public-authority-under-rti-act-173960
[2] The Hindu (2022). Kerala HC declares Cochin International Airport Limited a public authority under RTI Act. Available at: https://www.thehindu.com/news/national/kerala/kerala-hc-declares-cochin-international-airport-limited-a-public-authority-under-rti-act/article65815256.ece
[3] The New Indian Express (2022). Cochin International Airport Limited declared public authority under RTI Act. Available at: https://www.newindianexpress.com/states/kerala/2022/mar/15/cochin-international-airport-limited-declared-public-authority-under-rti-act-2441692.html
[4] Times of India (2022). Cochin International Airport Limited now a public authority under RTI Act. Available at: https://timesofindia.indiatimes.com/city/kochi/cochin-international-airport-limited-now-a-public-authority-under-rti-act/articleshow/97643508.cms
- In light of the Kerala High Court ruling, the operations of Cochin International Airport Limited (CIAL) are now subject to the Right to Information Act (RTI Act), making it possible for the general public to request and receive information related to the airport's functioning.
- As a result of the judicial declaration, CIAL is now considered a public authority under the RTI Act, necessitating the airport to comply with the provisions of the Act, including appointing a Public Information Officer (PIO) and ensuring transparency and timely information disclosure in line with the principles of general politics and democratic functioning.
