The Tax Publishers

Right to Information Act, 2005--Judicial Decision

Denial of Information Sought under RTI Act by RBI : Whether justified

Pragya Lalwani

The learned author in this write-up has elucidated through a case law, 'Girish Mittal V. Parvati v. Sundaram & Anr. (2019) TaxPub CL 653 (SC)', that one cannot escape from one's duty by not providing information required to be disclosed under the Right to Information Act, 2015 in public interest until and unless it harms the national economic interest and comes within the ambit of section 8 of the RTI Act. A contrary disclosure policy also could not be issued as done in this case by the Reserve Bank of India.

1. Facts of the case in question

In Reserve Bank of India v. Jayantilal N. Mistry (2016) TaxPub CL 190 (SC) applicants sought information under the RTI Act from the Reserve Bank of India(RBI) but the same was not provided on the ground of economic interest, commercial confidence, fiduciary relationship with other banks claiming the exemption under certain clauses of section 8(1). Central Information Commission directed the RBI to disclose the information. The RBI filed writ petitions before the High Court against the order, which were transferred to the Supreme Court.

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