RTI Act applies to state owned enterprises: Supreme Court

Supreme Court ruled today that the clause in the Right to Information Act (RTI Act) allowing the Act to be applied to state-owned enterprises (SOEs) cannot be invalidated.

Although the RTI Act does not specifically mention that the law can be applied to SOEs, a regulation created by the Information Commissioner's Office and is empowered by the RTI Act specifies that the Act can be applied to SOEs.

In light of this, state owned enterprise Maldives Transport and Contracting Company (MTCC) appealed with the Supreme Court to declare this clause in the regulation to be against the law.

After reviewing the case, the Supreme Court ruled that the clause does not violate the law. Detailing the decision, the court said that the Information Commissioner holds the authority to include such provisions in the regulation to further elaborate the part of the law which states that parties which receive support from the state are subject to the application of the RTI Act.

As such, the regulation does not violate the RTI Act, the court said.

The verdict, written by Justice Husnu Al Suood and unanimously supported by all five judges on the bench, further detailed that while the clause stands, the level of control exerted by the state on the company may be considered. The court explained that this is because the level of government control over different companies tends to differ.

Highlighting this, the Supreme Court verdict ruled that the High Court's ruling on the matter stands.

The case was heard by Justice Husnu Al Suood, Justice Dr Mohamed Ibrahim, Justice Dr Azmiralda Zahir, Justice Aisha Shujune Mohamed and Justice Ali Rasheed. The case was presided over by Justice Dr Mohamed Ibrahim.