VidhiSangh

Supreme Court of India · 04/03/2020

INTERNET AND MOBILE ASSOCIATION OF INDIA versus RESERVE BANK OF INDIA

[2020] 2 S.C.R. 297 · 2020 INSC 264

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Summary

The Supreme Court set aside RBI’s 6 April 2018 circular disconnecting virtual-currency businesses from regulated banking services because the restriction was disproportionate. RBI possessed regulatory and preventive powers extending to risks posed by virtual currencies, despite their lack of legal-tender status. Nevertheless, the circular effectively disabled exchanges without demonstrated harm to regulated entities, while virtual currencies themselves remained unbanned. RBI was also directed to secure release of one petitioner’s frozen bank funds with applicable interest.

Issues

  1. Whether RBI had statutory power to restrict banking services concerning virtual currencies.
  2. Whether the circular was invalid for want of application of mind, colourable exercise of power or disproportionality.
  3. Whether the petitioner’s frozen bank funds should be released.

Provisions considered

Held

Result

Writ petitions allowed; RBI circular dated 6 April 2018 set aside on proportionality grounds. RBI directed forthwith to instruct Central Bank of India, Worli, to defreeze Discidium Internet Labs’ specified current account and release its funds with applicable interest. No costs.

Judgment PDF: Supreme Court of India, [2020] 2 S.C.R. 297.