Karnataka High Court asks info panel to decide if BIAL is public authority

The high court has referred back to the Karnataka Information Commission the decision whether Bangalore International Airport Limited (BIAL) is a public authority covered by Section 2 (H) of the Right to Information (RTI) Act.

A division bench headed by Justice Alok Aradhe passed this order on an appeal filed by BIAL challenging a 2010 single judge order.

In reply to an application seeking suo motu declaration as to the contents provided under Section 4 (1)(b) of the RTI Act, BIAL had stated that it is not a public authority. The applicant, Benson Isaac, a lecturer in a city college, moved the Karnataka Information Commission.

A full bench order of the commission dated August 18, 2008, held that BIAL is a public authority.

The BIAL moved an appeal after the single judge upheld the Karnataka Information Commission order. It was argued on behalf of BIAL that the question has to be determined on the basis of the criteria laid down by the Supreme Court in the Thalappalam Service Co-op Bank Ltd case.

The division bench pointed out that while the Karnataka Information Commission order was in August 2008, the Supreme Court order (2013) is subsequent in point of time.

“The Supreme Court has dealt with the expression ‘substantially financed’ used in Section 2(h) of the act and has held that merely providing subsidies, grants, exemptions, privileges, etc, as such cannot be said to be providing fund to a substantial extent unless the record shows that funding was so substantial to the body, which practically runs by such funding, but for such funding it would struggle to exist,” the bench said.

The apex court had also held that the burden is on the applicant who seeks the information to show that a body is owned, controlled, or substantially financed by the funds provided by the appropriate government.

The bench has directed the commission to decide the matter afresh within a period of three months, after hearing the parties.