High Court refuses appeal to Information Commissioner's decision
High Courts decision on the matter can be appealed at the Supreme Court
High Court refused the appeal on the grounds that the did not recognize the "Information Commissioner" as a tribunal
The High Court has unanimously concluded that they do not have the jurisdiction to review appeals on decisions made on behalf of the Information Commissioner's Office (ICOM).
The High Court announced this on Sunday, and was based around Maldives Water and Sewerage Company (MWSC) appealing a decision by the Information Commissioner to the High Court. This was in relation to ICOM having issued a warning to MWSC for failing to make public audit reports in relation to Moosa Naseem, Mukurimagu, L. Gan having been removed from his job at the company.
The Information Commissioner had concluded the case by issuing an order to MWSC to release the audit report requested by Moosa Naseem in relation to him having been removed from his position, as it is a right afforded to Moosa Naseem under the Right to Information Act of the Maldives.
In detailing their decision on the matter, the High Court stated that the the Judicature Act of the Maldives (Act No.: 22/2010) described the jurisdiction of the High Court, and that it was not done so through the Right to Information Act (Act No.: 1/2014). The High Court also noted that if another law was to describe the jurisdiction of courts in the Maldives, it needed to be done so in clearer, more direct language.
Article 67 of the Right to Information Act specifies Appeal Powers as, "Where there is a party unsatisfied with the decision reached by the information commissioner as under this Act, the party may appeal the matter to the High Court, within 30 days from the date the decision was made or should have been made. And in any such appeal proceedings, the appellant has the onus of establishing that he followed the law correctly in his suit against the Information Commissioner."
High Court Judges went on to note that they needed to clarify whether the decision being appealed was issued by a lower court or a tribunal, and that in this specific case, while the decision had not been issued by a lower court, the High Court was unable to recognize the "Information Commissioner" as a tribunal. Generally, a tribunal is any person or institution with authority to judge, adjudicate on, or determine claims or disputes, whether or not it is called a tribunal in its title.
The High Court decision further details that their judgement in the case of Male Water and Sewerage Company Pvt Ltd Vs Information Commissioners Officer (2020/HC-A/149) can be appealed at the Supreme Court. The Judges that presided over this case at the High Court bench are Judge Mohamed Faisal, Judge Mohamed Niyaz and Judge Hussain Rasheed.
