TMI Blog2019 (4) TMI 1630X X X X Extracts X X X X X X X X Extracts X X X X ..... urt are general in nature and any violation of such directions would enable an aggrieved party to file a contempt petition. Contempt petitions are disposed off. - Contempt Petition (C) No.928 of 2016 (Transfer Case (C) No.95 of 2015), Contempt Petition (C) No.412 of 2016 (Transfer Case (C) No.96 of 2015), Contempt Petition (C) No.59 of 2017 (Transfer Case (C) No.95 of 2015) - - - Dated:- 26-4-2019 - L. NAGESWARA RAO And M.R. SHAH , JJ. JUDGMENT L. NAGESWARA RAO, J. 1. The three Contempt Petitions are filed complaining of wilful and deliberate disobedience of the directions issued by this Court in the judgment dated 16.12.2015 in Transfer Case (Civil) No.96 of 2015. 2. The subject matter of the judgment in Reserve Bank of India v. Jayantilal N. Mistry 2016 (3) SCC 525 is whether the information sought under the Right to Information Act, 2005 (hereinafter referred to as the RTI Act ) can be denied by the Reserve Bank of India (RBI) and the other banks on the ground of economic interest, commercial confidence, fiduciary relationship or public interest. The facts of all the 11 Writ Petitions which were transferred to this Court are simi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts to the general public. 3. Being alive to Section 8(1) of the RTI Act, under which information can be denied to the public to guard national security, sovereignty, national economic interest and relations with foreign states etc. this Court observed that not all the information that the Government generates shall be given to the public. Matters of national economic interest, disclosure of information about currency or exchange rates, interest rates, taxes, the regulation or supervision of banking, insurance and other financial institutions, proposals for expenditure or borrowing and foreign investments could in some cases harm the national economy, particularly, if released prematurely. However, lower-level economic and financial information like contracts and departmental budgets should not be withheld under this exemption, according to this Court in the judgment dated 16.12.2015. On the basis of the above findings, the transfer cases filed by the RBI were dismissed and the orders passed by the Central Information Commission were upheld. Contempt Petition (C) No.412 of 2016 4. The Petitioner filed an application dated 12.10.2010 seeking information fro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d a Disclosure Policy on 30.11.2016 on its website by which the Public Information Officers were directed not to disclose virtually all kinds of information. The Petitioner has filed the above contempt case aggrieved by the disclosure policy dated 30.11.2016, which according to him, is in direct contravention of the directions issued by this Court by its judgment dated 16.12.2015. One of the exemptions in the disclosure policy relating to the department of banking regulation was that information relating to specific supervisory issues emanating from inspection or scrutiny reports received from other supervisory departments are exempted from disclosure. Similar exemption was given to the inspection reports falling within the purview of the department of banking supervision . Any information obtained from/submitted by banks/Financial Institutions and held by the RBI in a fiduciary capacity was also exempted from disclosure. The learned counsel for the Petitioner submitted that the exemptions from disclosure mentioned in the disclosure policy are contrary to the directions issued by this Court in its judgment dated 16.12.2015. Contempt Petition (C) No.928 of 2016 6. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , he has to challenge the policy by resorting to the remedies available to him in law. He informed us that the policy dated 30.11.2016 is replaced by another policy which would be put on the website of the RBI. Mr. Gupta strenuously submitted that a leeway was given to the RBI in the matter of providing information on certain issues that were mentioned in paragraph 77 of the judgment. He referred to the said paragraph to support the disclosure policy. He finally submitted that if this Court feels that the policy is in violation of the directions issued by this Court, it would be taken off the website. The main submission made by Mr. Gupta is that any application filed under the RTI Act shall have to be dealt with separately on its own merits. 8. There is an element of public policy in punishing civil contempt, since administration of justice would be undermined if the order of any Court of law could be disregarded with impunity. Attorney General v. Times Newspapers Ltd. (1973) 3 All ER 54 (HL) There is no ambiguity in the judgment of this Court dated 16.12.2015. After holding that there is no fiduciary relationship between the RBI and the other banks, this Court st ..... X X X X Extracts X X X X X X X X Extracts X X X X
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