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Decision to withhold Indian soldier count incorrect: High Court

Malika Shahid
09 November 2023, MVT 15:30
[File] High Court: High Court ruled today that the Information Commissioner's decision not to disclose the number of Indian soldiers is incorrect
Malika Shahid
09 November 2023, MVT 15:30

High Court ruled on Thursday, November 9 that the decision to withhold the number of Indian military personnel in the Maldives was incorrect and directed the Information Commissioner to review the matter and issue a new decision.

Earlier, the Information Commissioner's decision to withhold the number of Indian soldiers in the Maldives was appealed in the High Court. Today, the court ruled that the Information Commissioner's decision must be substantially justified, especially if disclosing the information could pose a threat to national security. This ruling is in line with decisions made in similar cases in other countries.

According to the judgment, the Information Commissioner failed to provide a sufficient explanation as to why the number of Indian soldiers could not be disclosed. While the decision mentioned adherence to a confidentiality agreement, it remains unclear whether such an agreement existed and whether its terms had been verified.

Therefore, the decision to withhold the number of Indian solders by the Information Commissioner's Office decision was deemed to be noncompliant with the prescribed procedures.

The bench hearing the case in the High Court included Chief Justice Hussain Shaheed, Justice Hassan Shafiu and Justice Huzaifa Mohamed. The bench was presided over by Chief Justice Shafiu.

The prosecution had said that disclosing the number of Indian soldiers would jeopardize national security and impact bilateral relations.

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