Supreme Court Upholds Regulation Extending RTI Act to State-Owned Enterprises

The Supreme Court ruled today that the provision in the Right to Information Act (RTI Act) permitting its application to state-owned enterprises (SOEs) remains valid and cannot be invalidated.

Although the RTI Act does not explicitly state its applicability to SOEs, a regulation enacted by the Information Commissioner’s Office under the RTI Act specifies that the law can be applied to these entities.

advertisement

In response, the Maldives Transport and Contracting Company (MTCC), a state-owned enterprise, appealed to the Supreme Court to declare this provision in the regulation unlawful.

Upon reviewing the case, the Supreme Court determined that the provision does not contravene the law. The court explained that the Information Commissioner is authorised to include such provisions in the regulation to clarify the law’s stipulation that entities receiving state support are subject to the RTI Act.

The court’s verdict, written by Justice Husnu Al Suood and unanimously supported by all five judges, further elaborated that while the provision stands, the degree of state control over the company could be a factor. The court noted that the level of government control varies across different companies.

Consequently, the Supreme Court upheld the High Court’s ruling on the matter.

The case was adjudicated by Justice Husnu Al Suood, Justice Dr Mohamed Ibrahim, Justice Dr Azmiralda Zahir, Justice Aisha Shujune Mohamed, and Justice Ali Rasheed, with Justice Dr Mohamed Ibrahim presiding over the proceedings.