Public entitled to information on alleged financial fraud at public authority - Court of Appeal

By Lakmal Sooriyagoda 

In another judgement broadening the scope of the applicability of the Right to Information Act, the Court of Appeal recently held that information seeker is entitled to receive information regarding a complaint of alleged financial fraud and misappropriation at a public authority.

The Court of Appeal held that the Institute of Chartered Accountants of Sri Lanka (ICASL) being a Public Authority is required to maintain transparency and further maintained that revealing these information relating to financial statement fraud at ICASL would not infringe its privacy or privileges.

The Court of Appeal two-judge-bench comprising Justices M.C.B.S. Morais and R. Gurusinghe affirmed the order delivered by the Right to Information Commission of Sri Lanka on February 9, 2022 to effect that the information seeker was entitled to receive the information related to a complaint received by the Ethics Committee of the ICASL alleging Fraud and misappropriation of Rs.20.7 million occurred in the Institution.

In this case, the ICASL sought an order to set aside the decision made by the Right to Information(RTI) Commission of Sri Lanka provide relevant information. The information seeker had made a request seeking information under section 24(1) of the RTI Act No.12 of 2016, from the ICASL by the email dated January 16, 2020. The information sought was related to a complaint received by the Ethics Committee of the ICASL over alleged financial fraud. The Information Officer of the ICASL has rejected the request for information by letter dated February 6, 2020, on the ground that the information sought are “personal information” which falls within the scope of section 5(1)(a) of the RTI Act. Thereafter, on February 10, 2020, the information seeker appealed to the Designated Officer of the ICASL  in terms of section 31 of the Right to Information Act. However, Designation Officer has refused to provide information for items 2 and 3 on the same ground of personal information. After hearing an appeal, the Right to Information held that there is no impediment to releasing the information. Accordingly, the ICASL was directed to release the information requested by the information seeker within two weeks from the receipt of the decision. 

Kushan De Alwis, PC with Hiran Jayasuriya and M. Kurukulasuriya instructed by Sanath Wijewardena appeared for the ICASL. Counsel Harith De Mel with Udeni Gallage appeared for the information seeker. Counsel Himalee Kularathna with Nuwanthika Rathnayake appeared for the Right to Information Commission.