Supreme Court confirms RTI applicability to state companies
Most of the complaints filed with iCOM for lack of information under the Right to Information are filed regarding state-owned companies.
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By
Shahudha Mohamed
The Supreme Court has ruled against the Maldives Transport and Contracting Company (MTCC) in its constitutional case seeking a ruling that government-owned companies are not required to provide information under the Right to Information Act.
According to the Right to Information Act, information can be obtained from “public bodies”. The law defines public body as:
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Including the executive, parliament, judiciary, independent institutions, independent positions, security services and constitutionally elected councils
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Including any establishment which exercises a responsibility of the State in the operation of such establishment, any establishment operated from the State budget and any establishment operated with assistance from the State budget
Under the Act, the later Right to Information Regulations made by the Information Commissioner (iCOM) include state-owned enterprises.
MTCC filed a constitutional case in the High Court seeking to quash the other letter in the article. The High Court ruled that the rule was correct and MTCC filed the case in the Supreme Court in 2021.
The Supreme Court on Sunday ruled unanimously in the case filed by MTCC against the Attorney General's Office and the iCOM:
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It is to be understood that the places referred to in Article 71 of the Right to Information Act include any place to which the State has entrusted a responsibility or liability and any place which administers the State budget or receives budgetary assistance
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Many of the government-owned companies have been established with the aim of providing some basic services to the people without causing them any inconvenience
Therefore, the Supreme Court held that the Right to Information rule made by iCOM under the Right to Information Act was correct. Therefore, government companies will be required to provide information under RTI.
The Supreme Court bench consisted of Justices Husnu Al Suood and Justice Dr Mohamed Ibrahim, Justice Aisha Shujoon, Justice Ali Rasheed, and Justice Azmiralda Zahir. The bench was presided over by Justice Dr Mohamed Ibrahim.
Delivering the unanimous ruling, Justice Husnu Al Suood said it was up to the commission entrusted with the main responsibility of the law to list the places that carry a state responsibility, the places that receive budget and the places that receive budgetary assistance.
When MTCC took the matter to the Supreme Court, the majority of the complaints filed with iCOM for lack of information under the Right to Information Act were filed regarding state-owned companies.
