The Kerala High Court has declared that Cochin International Airport Limited (CIAL) falls within the scope of a "public authority" as defined under the Right to Information Act. This declaration obligates the airport to comply with all requirements laid down under the Act, including the appointment of a public information officer and providing access to requested information. The decision was issued by a division bench of the High Court while upholding an earlier single-judge order, which had directed CIAL to provide specific information sought by an applicant.
The court examined whether CIAL meets the statutory requirements to be classified as a public authority under Section 2(h)(d)(i) of the RTI Act. This section includes bodies that are substantially financed or controlled by the government. The High Court found that both the central and state governments hold a significant stake in the functioning and finances of CIAL. It was emphasized that the establishment and operation of CIAL are inherently tied to public financing and governmental control, even though it is incorporated as a company under the Companies Act.
In its argument, CIAL had claimed that it was not subject to the RTI Act, stating that it is a private company and not under direct government control. The company contended that the management and operations were independent and did not warrant categorization as a public authority. However, the court rejected this position. It ruled that substantial funding from government bodies and the presence of senior government officials, including the Chief Minister of Kerala as the Chairman of CIAL, point to a clear and pervasive level of government control over the company’s affairs.
Furthermore, the court imposed a fine of ₹1 lakh on CIAL for filing an appeal without proper authorization from its Board of Directors. It noted that the Managing Director had proceeded without consulting the Chief Minister or obtaining board approval, which the court found to be a procedural lapse. The amount is to be paid to the Kerala High Court Advocates’ Association. The court also instructed the state’s Chief Secretary, who is a board member of CIAL, to initiate appropriate action against the Managing Director for this unauthorized decision-making.
The High Court directed CIAL to take immediate steps to implement the provisions of the RTI Act. The company must appoint a Public Information Officer within 15 days and submit a compliance report to the court. It was also ordered to respond to pending RTI applications without further delay. The bench noted that the existence of a public duty, public financing, and governmental oversight all align CIAL with the definitions and responsibilities of a public authority.
This ruling ensures that citizens will now have the legal right to access information related to the operations and governance of Cochin International Airport. The judgment is seen as a reinforcement of transparency and accountability, particularly for institutions that, while incorporated as private entities, function under significant public investment and administrative control.
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