NDLI: Reserve Bank of India Vs. Jayantilal N. Mistry

Reserve Bank of India Vs. Jayantilal N. Mistry

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Reserve Bank of India Vs. Jayantilal N. Mistry

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	commercial confidence and fiduciary relationship with other Banks - Held: The ideal of 'Government by the people' makes it necessary that people have access to information on matters of public concern - Therefore 8(1)(a) (d) Right To Information Act right to information has been made as one of the fundamental rig by Reserve Bank of India on the ground of economic interest 2005-ss.2(f) (e) and 10(1)- Information under the Act- To what extent can be given - Whether can be denied to the public
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Transferred Case
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Right To Information Act, 2005 — ss. 5.240 8(1)(a), (d), (e) and 10(1)— Information under the Act — To what extent can be given— Whether can be denied to the public, by Reserve Bank of India on the ground of economic interest, commercial confidence and fiduciary relationship with other Banks — Held: The ideal of ‘Government by the people’ makes it necessary that people have access to information on matters of public concern — Therefore, right to information has been made as one of the fundamental rights u/Art. 19 of the Constitution and also 2005 Act has been brought into effect — However, neither the fundamental right nor the right to. information are absolute — Therefore, all the information that the Government generates is not required to be given out to the public— Thus, RBI cannot be put in a fix, by making it accountable to every action taken by it - However, in the present case RBI is accountable — The disclosure of information sought for does not go against the economic interest of the nation— RBI being a statutory regulatory body has the statutory duty to uphold ~ the interest of public at large and not of other Banks — Thus, there is no relationship of ‘trust’ / ‘fiduciary relationship’ between RBI and other Banks — Even if it is held that RBI . had fiduciary relationship with other Banks, s.2(f) would still make the information shared between them to be accessible’ by the public — RBI is duty bound to comply with the provisions of the Act thus bound to provide information u/s. 10(1). Words and Phrases — ‘Fiduciary relationship’ — Meaning of, in the context of s.8(1)(e) of Right to Information Act, 2005.
Judge	Hon'ble Mr. Justice M.Y. Eqbal
Neutral Citation	2015 INSC 942
Petitioner	Reserve Bank Of India
Respondent	Jayantilal N. Mistry
SCR	[2015] 14 S.C.R. 505
Judgement Date	2015-12-16
Case Number	91

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