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Supreme Court mandates RBI disclosure under RTI Act, warns of consequences for violations The Supreme Court held that the Reserve Bank of India (RBI) must disclose information under the Right to Information Act, clarifying exemptions. The Court ...
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Supreme Court mandates RBI disclosure under RTI Act, warns of consequences for violations
The Supreme Court held that the Reserve Bank of India (RBI) must disclose information under the Right to Information Act, clarifying exemptions. The Court rejected requests for reconsideration, emphasizing compliance with the RTI Act. RBI was directed to withdraw conflicting policies and warned of consequences for further violations. The contempt petitions were disposed of with instructions for RBI to adhere to information disclosure orders, promoting transparency and accountability while safeguarding national interests.
Issues involved: Contempt of court for non-compliance with directions issued in a judgment related to disclosure of information under the Right to Information Act, 2005 by the Reserve Bank of India (RBI).
Contempt Petition (C) No.412 of 2016: The petitioner sought information regarding losses in foreign derivative contract cases from RBI. Despite directions to provide information, incomplete responses led to a contempt petition. The RBI eventually complied, but the petitioner alleged intentional withholding of information.
Contempt Petition (C) No.59 of 2017: The petitioner requested details of Show Cause Notices and fines imposed by RBI on banks. RBI's non-disclosure based on exemptions under the RTI Act led to a contempt petition. The petitioner challenged RBI's Disclosure Policy of 30.11.2016, claiming it contradicted the court's directions.
Contempt Petition (C) No.928 of 2016: The petitioner sought inspection reports of several banks under the RTI Act, which RBI denied citing exemptions. The petitioner filed a contempt petition, alleging non-compliance with the court's judgment on disclosure of information.
Analysis: The Supreme Court emphasized that under the RTI Act, information should be disclosed unless falling under specific exemptions. The court held that RBI must provide information regarding inspection reports and other documents to the public. Exemptions under Section 8(1) were clarified, highlighting the balance between transparency and safeguarding national economic interests.
The court rejected arguments for reconsideration of its previous judgment, emphasizing the importance of upholding the RTI Act. It noted that any violation of its directions could lead to contempt proceedings, irrespective of the party's involvement in the original judgment. The court directed RBI to withdraw the disclosure policy conflicting with its previous directions and warned of serious consequences for further violations.
In conclusion, the contempt petitions were disposed of with directions for RBI to comply with the court's orders on information disclosure. The judgment reaffirmed the significance of transparency and accountability in governance while balancing it with national interests as per the RTI Act.
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