News

Supreme Court declares Right to Information Act applies to SOEs

The Supreme Court of the Maldives has upheld the High Court's decision affirming that the Right to Information Act applies to state-owned enterprises (SOEs) and cannot be invalidated. The decision arose from a case initiated by the Maldives Transport and Contracting Company (MTCC), which said that the guidelines issued by the Information Commissioner's Office under the act contradicts the law.

The Supreme Court reviewed the case and concluded that the guidelines were in compliance with the law. The court confirmed that the Information Commissioner's Office is authorised to define and elaborate on the act's provisions through specific guidelines. Consequently, the five-judge panel dismissed MTCC's claims, stating that the guidelines did not violate any legal principles. The court also noted that the degree of state control over various companies might differ due to varying levels of government oversight. Therefore, Justice Husnu Al Suood, with the consensus of the other judges, affirmed that the High Court's ruling was correct and would remain unchanged.

In a related case, the Supreme Court also addressed the High Court's decision upholding the Information Commissioner's order for the disclosure of salaries and allowances of the board and senior employees of the Bank of Maldives (BML). The Supreme Court ruled that such income and allowances are classified as personal information and are not required to be disclosed, thus overturning the High Court's order in this instance.