The Supreme Court has put a stay on the Kerala High Court’s order that held Cochin International Airport Ltd. (CIAL) to be a “public authority” under the Right to Information Act, 2005.
A bench comprising Justices Vikram Nath and Sandeep Mehta passed the order after hearing Senior Advocate Mukul Rohatgi, who appeared on behalf of CIAL. The Court granted leave and listed the matter for detailed hearing in January 2026.
Case Background
The issue dates back to 2019 when the State Information Commission declared CIAL as a public authority under the RTI Act and directed it to disclose certain information. CIAL challenged this decision before the Kerala High Court, arguing that the Kerala government did not exercise control over its decision-making, as the Board of Directors was the ultimate authority under the company’s Articles of Association.
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It was pointed out that the Kerala government holds only 32.42% of the paid-up share capital, and that dividends exceeding the government’s investment had already been returned. CIAL also argued that the appointment of directors, including the Managing Director, was subject to Board approval.
On the other side, respondents argued that government support had been crucial for the airport project. They referred to details on CIAL’s website which showed that the Kerala government provided guarantees for a ₹100 million bridge loan from Federal Bank and a ₹1 billion HUDCO term loan at 18% interest for 10 years.
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In December 2022, a Single Bench of the Kerala High Court upheld the Information Commission’s order, ruling that CIAL qualified as a public authority. The Court held that the government had “deep and pervasive control” over CIAL after analyzing its Articles of Association (Articles 95 and 125).
CIAL then filed writ appeals, but in August 2023, a Division Bench dismissed them. The Bench noted that CIAL’s predecessor, Kochi International Airport Society (KIAS), was constituted through a government order and that land acquisition for the airport was carried out by the Kerala government.
The Court observed that the entire land and asset base of CIAL was created at the instance of the state government, and therefore, the government exercised substantial influence over its affairs.
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The Division Bench finally directed CIAL to respond to pending RTI applications within the time frame fixed under the Act.
Aggrieved by the High Court’s decision, CIAL approached the Supreme Court. The apex court has now stayed the Kerala High Court’s order until the matter is fully heard.
“The Supreme Court, after hearing the submissions, has granted leave and stayed the High Court order, listing the case for January 2026.”
Case Title: M/S Cochin International Airport Limited vs. The State Information Commission and Anr.
Case No.: SLP(C) No. 23330-23345/2025
Petitioner’s Counsel: Senior Advocates Mukul Rohatgi, PB Krishnan; AoR Arsh Khan; Advocates A Karthik, Harikrishnan Sreekumar, Smrithi Suresh, Anila T Thomas
Respondent’s Counsel: Senior Advocate Sudhansu S Chaudhari; Advocates Patanjal Chapalgaonkar, Aswathi
