ICOM heads to PG over PO’s failure to disclose information, charges likely after probe wraps up

The Information Commissioner’s Office of Maldives (ICOM) has headed to the Prosecutor General’s Office (PG Office) over the President’s Office’s failure to disclose information.

PG Office has since forwarded the case to the Maldives Police Service (MPS), seeking an investigation into whether there was any criminal activity in the complaint filed by the Information Commissioner against the President’s Office, under the Right to Information Act.

According to Section 65 (compliance with decisions) of the Right to Information Act, if 45 days have passed without appealing or implementing the decision of the Information Commissioner, the party may be taken to court to comply with the procedure to be followed for disobeying the order of law.

The Right to Information Act grants this authority to the Information Commissioner.

Since the 45-day period has passed without appealing or implementing the decision of ICOM directing the disclosure of information, ICOM has forwarded the documents linked to the case to PG Office as per the authority granted under Section 65 of the Right to Information Act.

PG Office revealed that Section 5 (investigation of offences) act clarifies that the offence contained in every criminal complaint made by the state must be adequately investigated.

According to the section, the investigation is carried out in accordance with the provisions of the Code of Criminal Procedure, in which the accused is entitled to legal rights.

This means that the police institution is legally entitled to conduct the investigation.

The PG Office on Tuesday requested MPS to investigate whether the ICOM case involves any criminal offences and send their findings to the office in accordance with the law.

PG Office has revealed that since it appears that this is a matter referred by the Information Commissioner to exercise the powers vested in him under the Right to Information Act, they would closely monitor the progress of the investigation, because it is necessary for the office to look into the progress of the matter as opposed to public cases.

According to the PG office, a decision on framing charges in the case will be reached based on the findings of the investigation and the legal process to be followed in connection with it.