Evan V


The Supreme Court on Tuesday upheld the Kerala High Court’s determination that M/s Cochin International Airport Limited (CIAL) is a “public authority” within the meaning of the Right to Information Act, 2005, and is therefore amenable to RTI disclosures.

A Division Bench of Justice Vikram Nath and Justice Sandeep Mehta, after hearing Senior Advocate Mukul Rohatgi for CIAL, held that the High Court’s reasoning advanced transparency and did not warrant interference. The Court, however, waived the ₹1 lakh cost imposed on the Managing Director of CIAL by the High Court.

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The dispute traces back to a 2019 decision of the State Information Commission, which declared CIAL a “public authority” under the RTI Act and directed disclosure of specified information. CIAL challenged the ruling before the Kerala High Court, contending that the State Government did not exercise controlling authority over the company’s decision-making and that, under the Articles of Association, the Board of Directors was the ultimate decision-maker.

CIAL also relied on its shareholding structure, submitting that the Kerala Government held 32.42% of the paid-up share capital and that "the dividend more than the investments has been returned". It was further asserted that nomination/appointment of directors, including the Managing Director, was subject to decision-making at the Board level as per the Articles of Association.

In December 2022, a Single Judge of the Kerala High Court affirmed the State Information Commission’s view and held that CIAL fell within the RTI framework, reasoning that the company’s objects and relevant provisions of the Articles of Association supported the conclusion of “deep and pervasive control” by the State.

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CIAL’s writ appeals were subsequently dismissed by a Division Bench in August (as noted in the case history), which examined the origins of CIAL’s predecessor entity—Kochi International Airport Society (KIAS)—and recorded that KIAS was constituted through a government order issued by the then District Collector, Ernakulam. The Division Bench also noted that land acquisition for the airport was undertaken by the State in the name of KIAS and later transferred to CIAL, observing that the company’s land and asset base was consolidated at the instance of the Government. On this basis, and having regard to the Memorandum/Articles of Association and the Board composition, the Division Bench concluded that the Government exercised control over CIAL’s affairs and management. It also directed CIAL to dispose of RTI applications within the statutory timelines.

Aggrieved by the Division Bench judgment, CIAL approached the Supreme Court. While the Supreme Court had stayed the impugned judgment in August last year, it has now upheld the High Court’s conclusion that CIAL is covered by the RTI Act, while removing the personal cost imposed on the Managing Director.

Case Title: M/s Cochin International Airport Limited v. The State Information Commission & Anr. 

Case No.: SLP(C) Nos. 23330–23345/2025