NDLI: Hdfc Bank Ltd. & Ors Vs. Union of India & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India – Article 32
Content Type	Text
Resource Type	Law Order
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Constitution of India – Article 32 – Writ petitions, in effect, challenging earlier judgment of Supreme Court – Maintainability of – Finality of judgment vis-à-vis principle of ex debito justitiae – Right to Information Act, 2005 – s. 8 – Reserve Bank of India Act, 1934 – Banking Regulation Act, 1949 – Present writ petitions filed by various Banks including private banks, inter alia, challenging the action of the respondent-Reserve Bank of India in directing disclosure of confidential and sensitive information pertaining to their affairs, employees and customers under the RTI Act, which as per them is otherwise exempt u/s. 8 – IAs filed seeking dismissal of the writ petitions contending that the writ petitions, in effect, are challenging the final judgment and order dt. 16.12.15 passed by Supreme Court in Reserve Bank of India vs. Jayantilal N. Mistry and hence not maintainable – Held: In view of the judgment in Jayantilal N. Mistry, the RBI is entitled to issue directions to the petitioners/ Banks to disclose information even with regard to the individual customers of the Bank which in effect, may adversely affect the individuals’ fundamental right to privacy – Nine-Judge Constitution Bench in K.S. Puttaswamy and another has held that the right to privacy is a fundamental right – Right to information is also a fundamental right – In case of such a conflict, the Court is required to achieve a sense of balance – Though, the concept of finality of judgment has to be preserved, at the same time, the principle of ex debito justitiae cannot be given a go-bye – If the Court finds that the earlier judgment does not lay down a correct position of law, it is always permissible for this Court to reconsider the same and if necessary, to refer it to a larger Bench – Prima facie, the judgment in Jayantilal N. Mistry did not take into consideration the aspect of balancing the right to information and the right to privacy – RBI has issued the directions in view of the decision in Jayantilal N. Mistry and Girish Mittal – As such, the petitioners would have no other remedy than to approach this Court by way of writ petition u/Article 32 for protection of the fundamental rights of their customers, who are citizens of India – Preliminary objection raised is rejected – IAs dismissed.
Judge	N/A
Neutral Citation	2022 INSC 1056
Petitioner	Hdfc Bank Ltd. & Ors
Respondent	Union Of India & Ors.
SCR	[2022] 13 S.C.R. 502
Judgement Date	2022-09-30
Case Number	1159

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