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2021 Supreme(SC) 232

L.NAGESWARA RAO, VINEET SARAN
RESERVE BANK OF INDIA – Appellant
Versus
JAYANTILAL N. MISTRY – Respondent


Advocates appeared:
For the Petitioner(s):Divyanshu Sahay, Shradha Narayan, Akshay Sahay, Rajesh Kumar, Gaurav Goel, D.Bharat Kumar, Aman Shukla, Gopal Jha, O. P. Gaggar, Aman Raj Gandhi, Rupali Sharma, Rajesh Kumar-I, Kuldeep Parihar, H. S. Parihar, Prashant Bhushan, Sanjay Kapur, Pranaya Goyal, Ram Swarup Sharma, Praveena Gautam, Advocates

ORDER :

1. Information sought by the Respondents in Transferred Case (Civil) No.91 of 2015 was not given by the Reserve Bank of India (for short, ‘RBI’) on the ground that such information is exempted from disclosure under Section 8 (1) (a), (d) and (e) of the Right to Information Act, 2005 (hereinafter, the ‘Act’). Writ Petitions filed in the High Courts were transferred on the request of the RBI to this Court. By a judgment dated 16.12.2015 in Reserve Bank of India v. Jayantilal N.Mistry, (2016) 3 SCC 525, this Court refused to accept the contention of the RBI that the information sought by the Respondents could not be disclosed in view of its fiduciary relationship with the banks. This Court observed that RBI is not in any fiduciary relationship with the banks and that the RBI has a statutory duty to uphold the interest of public at large, the depositors, country’s economy and the banking sector. This Court was of the opinion that the RBI has to act with transparency and not hide information that might embarrass the banks and that it is duty bound to comply with the provisions of the Act and disclose the information sought.

2. In some transferred cases, the subject matter of chall

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