The Supreme Court of the Maldives has overruled the High Court’s decision to not accept appeal of orders by the Information Commissioner’s Office (ICOM).
The High Court had issued a ruling on its appeal jurisdiction after Male’ Water and Sewerage Company Limited (MWSC) appealed an order by ICOM to release information on a certain report requested by an employee who was terminated by the company. The appeal was submitted as per the Right to Information Act which states appeals over orders by ICOM can be submitted to the High Court.
However, the High Court ruled that it holds no jurisdiction over cases involving ICOM. The court stated its appeal jurisdiction is based on rulings made by lower courts and tribunals. The court stated ICOM was not a public institution or authority, but rather an individual, and therefore the court holds no jurisdiction over decisions made by ICOM.
Following the appeal of High Court’s decision by the Attorney General’s Office (AGO), the Supreme Court ruled that the High Court’s ruling was unlawful and wrong. The apex court noted the Right to Information Act clearly states the High Court holds jurisdiction over appeal of ICOM orders. Therefore, the Supreme Court overruled the High Court decision and stated the High Court will be able to accept cases involving ICOM.